The unwavering efforts of a small group of environmental activists in Montana have, against all expectations, led to a stunning victory over the formidable mining industry. 

Imagine you have a birds eye view over Southwest Montana. You’d imagine that all you can see is wilderness. Instead, you see nearly a ten-mile-long gash running through the earth. That ten-mile-long gash is Rosebud coal mine, an enormous strip mining operation.

Strip coal mining operations remove soil and rock to expose layers of coal for excavation. Consequently, these mining operations have a negative impact on the environment. Without adequate measures taken, highly acidic drainage comes from the mining site. The drainage from Rosebud Mine contains heavy metals like arsenic, copper, and lead, acidifying the East Fork Armell’s Creek. Most species of fish cannot survive in an environment with a pH less than 5. In some cases, mining drainage has lowered the pH of neighboring streams to 3.

Strip Mining Operations South of Colstrip, Montana.
[Credit: National Archives and Records Administration.]

Strip mining is more than just an excavation. These mines disrupt entire ecosystems. East Fork Armell’s Creek, located near the mine, flows into the Yellowstone River. Like the Yellowstone River, the East Fork Armell Creek is protected under the Clean Water Act.  

East Fork Armell’s Creek hasn’t met the Clean Water Act’s standards for nearly two decades. Since 2006, the Montana Department of Environmental Quality (DEQ) has found that the stream has failed to meet its aquatic life support standards.

The Rosebud Mine started operating in 2002 . Since then, Westmoreland, the operator, has successfully applied for multiple permits to expand their operations. The Montana DEQ has approved their applications, despite knowing that East Fork Armell’s Creek is not meeting its prescribed water quality measures. Consequently, the Rosebud Mine is one of the largest in the nation.

Topological Map of Westmoreland’s Rosebud Mine.
[Credit: Montana’s Department of Environmental Quality Environmental Impact Statement.]

In 2015, Westmoreland submitted a proposed permit to expand their operations and a water impact study, which is necessary to operate nearby East Fork Armell’s Creek. Based on public comment and ongoing conversations with Westmoreland, the DEQ determined that there was sufficient evidence that measures were in place to protect the creek. 

Conservation groups immediately challenged the DEQ’s decision and brought the matter to the Board of Environmental Review (BER). They argued that the DEQ did not consider the cumulative impacts strip coal mining has on water sources outside of the permitted area. This, the conservation groups argued, was a violation of the Montana Strip and Underground Mine Reclamation Act. 

That argument, at least initially, failed. During a four-day hearing in 2016, the DEQ and Westmoreland presented their responses to the concerns presented. The BER supported the permit and held that the conservation groups didn’t prove that Westmoreland’s operations would impair East Fork Armell’s Creek to meet its water quality standards. The state approved Westmoreland’s permit to expand operations at Rosebud mine. This approval symbolized the longstanding leniency towards the coal mining industry, often prioritizing economic gains over human and environmental health.

After years of legal battles led by conservation groups, the Montana Supreme Court has finally ruled in favor of the environment. This isn’t just a legal victory; it’s a watershed moment for environmental advocacy in Montana. The ruling highlights that the state regulators have not only been lax in their duties but have blatantly disregarded the Montana Strip and Underground Mine Reclamation Act. 

For decades, regulators have seemed to bend over backwards to accommodate the coal industry, despite clear violations of environmental standards. This negligence has allowed for the continued expansion of the Rosebud Mine, a decision that blatantly ignored the known environmental repercussions. 

The court’s decision to withdraw the permit for the expansion for the Rosebud Mining site is a beacon of hope. It signals a shift in how environmental concerns are weighed against economic interests. This isn’t just a victory for residents of southeast Montana but a message to other regulators nationwide. Economic growth cannot and should not come at the cost of environmental health. 

As we celebrate this victory, we must also remain vigilant. The mining industry has been a formidable force in Montana, and this decision, though significant, is just one step towards a more sustainable future. It is a stark reminder that integrity and dedication are essential in safeguarding our natural resources, and we must continue to hold our leaders and industries accountable for the health of our planet.