Something just ain't straight
Criticism High on Montana DEQ for Lack of Environmental Analysis
By Lucia Stewart, 8-25-08
In the recent wave of gravel pit approvals in the Gallatin Valley, the Montana Department of Environmental Quality has received quite a bit of criticism.
Last week, District Court Judge Jeffrey Sherlock issued a stay on his April ruling that required the department to permit gravel pits without first doing environmental analyses.
George Ochenski has an interesting column in this week’s Missoula Independent, where he writes “Sherlock then gives DEQ a legal tongue-lashing, writing that the agency ‘did not present any of the constitutional analysis in its original brief which has now been presented by the landowner-Intervenors.’ He continues the criticism, saying, ‘the DEQ is doggedly refusing to do anything to review the permits. The DEQ has not only violated the Legislature’s mandate…but it has not even bothered to start the environmental assessment process. Further, it has not even extended the time period involved, nor has it issued findings that would allow it to withhold the requested permits…’”
Ochenski continues to place the current situation of this “embarrassing agency” (the DEQ) in the hands of Goc. Brian Schweitzer.
Click here to read the full article.
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The problem is complex - the law is poorly written, the DEQ doesn't seem to know or understand whether it has an obligation under MEPA because of it (I'd like to think that no state law can change Montana Constitutional obligations, but I digress...), and the lack of staffing makes it difficult, if not impossible, to address.
There needs to be strong direction and oversight given - but where it will come from is anyone's guess at this point.