Montana Supreme Court hears MSTI appeal

Montana Supreme Court Justices heard oral arguments Tuesday in a lawsuit in connection with the Mountain States Transmission Tie Inter (MSTI.

Northwestern Energy and the Department of Environmental Quality Montana is appealing a decision of the District Court, which requires the State to further consultation with the County of Jefferson before drafting an environmental impact statement on the proposed line MSTI.

As the hearing began Chief Justice Mike McGrath said the crux of the lawsuit asks a key question: Is the Montana State interpret the Environmental Policy Act (MEPA correctly when consulted with Jefferson County regarding the MSTI line?

Jefferson County District Attorney for Peter Scott says no.

"They've had years and I dare say millions of dollars at their disposal to address these issues and identify impacts. They have refused to allow the region to participate in that process." Says Scott.

Although the province met with state officials and submitted written public comments, Scott says it was not enough.

Lawyers for Energy Northwest and the state say the Department of Environmental Quality MEPA compliance. They say the state has not chosen a final route and the county still has enough time to express their concerns.

"What I believe Jefferson County is trying to do the duty to consult is interpreted as giving the ability to influence real decision of the Department. There is no provision has to be done in consultation with local counties," DEQ attorney Edward Hayes said.

Both parties agree the district deserves a seat at the table. The question of the Montana Supreme Court must answer is how much.

The room was filled with the owners and two of the Jefferson County Commissioners.

Commissioner Leonard Wortman said the owners do not want to leave the line that only want it in a different place. He says there is a Bonneville Power transmission line through the county and he wants the MSTI line to run alongside it.

«Their draft EIS [environmental impact statement] had the line routed across about 80% of it on private property. We believe very strongly that the private property rights are extremely important,» Wortman told Montana’s News Station.

Wortman says the proposed routes cross private irrigation land and even calving property.

He says Northwestern Energy said the tax benefits to the County would total more than $1 million. Wortman says that was not true and when they did the calculation the expected property tax revenue was around $200,000.

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