CCRC files suit against Montana Oil and Gas Board

T h e No r t h e r n P l a i n s Resource Council and its local a f f i l i a t e , Ca r b on Count y Resource Council (CCRC), filed a lawsuit on Jan. 8, in Yellowstone County District Court. It challenges the decision by the Montana Board of Oil and Gas Conservation (BOGC) to prevent the public from testifying on a proposed oil well permit for the Belfry area last month.

At the December BOGC meeting in Billings, CCRC was not allowed to speak about the pending oil permit, despite having been granted the hearing and being on the agenda for weeks. This abrupt reversal claimed CCRC had not yet provided an official “service list,” although the group hand-delivered, mailed, and faxed its protest to all parties weeks in advance.

The hearing was scheduled Dec. 12 for Hunt Creek 1-H by Energy Corporation of America (ECA) east of Belfry. No hearing occurred. Irrigators and other members of the public were not allowed to speak about the related permit under consideration by the BOGC.

“Public participation is not only a vital right to Northern Plains and CCRC members – it is also a cornerstone of our Montana Constitution and the democratic processes that are at the heart of a free and open society,” said Deb Muth of Red Lodge, who is Chair of Carbon County Resource Council. “It’s a shame that, if we want the right to speak about this proposed oil well permit in the Belfry area, we are forced to sue the BOGC. When people have to go to court just to have the right to speak, the system is very broken.” NPRC and CCRC commented that BOGC “looked the other way on an error made by the drilling company, whose start date on its application was off by a year.”

NPRC and CCRC will file more documents this week.

“If the BOGC is going to be a perfectionist,” said Muth, “then it needs to require the same standard of the industry that it does of ordinary citizens. BOGC should render this permit invalid until it allows the public to testify.”

NPRC and CCRC commented that BOGC rubber-stamped the permit with no additional conditions or landowner protections. Citizens from the area were particularly concerned about the well’s potential to pollute irrigation water.

“They’re putting a reserve pit in a drainage and when we get flash floods, water flows right through there. But the company wouldn’t know that, nor would the board, since no one will listen to our cautions,” said Bonnie Martinell, organic farmer and producer just a few miles from the well.

“You would think they would want local input, since we know this area best, but instead the public was silenced. The BOGC appears to operate hand-in-hand with the oil and gas industry, although its job is to oversee that industry on behalf of the people of Montana,” said Martinell.

Charles Sangmeister Chair of the St i l lwater Protect ive Associat ion observed that, “This oil well is the beginning of what ECA says could be a large development in Carbon and Stillwater counties. We have many members whose lives and property will be directly affected by both this well and the others along the Beartooth Front and Bighorn Basin. That’s why we couldn’t stand for the BOGC to simply keep the publi