BUTTE — The Montana Supreme Court has reversed a lower court's
ruling that a state agency didn't adequately consult with Jefferson
County while reviewing a proposed major power transmission line
project.
In its decision, the court reversed district Judge Loren
Tucker's September 2010 ruling and said the Montana Department of
Environmental Quality, or DEQ, had not violated its legal duty to
consult with Jefferson County.
Prior to the lawsuit with Jefferson County, the DEQ had been
preparing to release a draft environmental impact statement for
NorthWestern Energy's proposed 500-kV Mountain States Transmission
Intertie, or MSTI.
Judge Tucker ruled in favor of Jefferson County's claim that it
hadn't been adequately consulted in developing the document and
further enjoined the state from releasing its impact statement
until that had been satisfied.
The DEQ appealed the decision to the Montana Supreme Court,
which found that state law requires the agency to develop the EIS
and consult with Jefferson County before releasing a detailed
statement.
The agency is not mandated, however, to consult with the county
throughout its development of the EIS.
"The record reflects DEQ already has expended considerable
effort to include Jefferson County in the environmental review
process," the ruling states.
The court concluded that DEQ's legal obligations in the
environmental review process have not ended and that Jefferson
County would have "adequate legal remedies" after the agency
releases its EIS.
The court questioned the timing of Jefferson County's lawsuit,
calling it "premature."
It added that the DEQ has said Jefferson County will have a
continuing opportunity to consult with the agency on its proposed
action after a draft EIS is released.
Claudia Rapkoch, NorthWestern Energy spokeswoman, said the
utility is pleased with the court's decision.
"It validates what we've thought all along," she said. "I think
when you read through the decision it clearly states that
NorthWestern has done a significant amount of communication about
the project and we continue to."
Rapkoch said lines of communication will remain open with
Jefferson County and all other entities involved in the
process.
"We remain committed to a robust public process that includes
all stakeholders," she said.
Jefferson County Commissioner Tom Lythgoe said he's "very
disappointed" with the ruling, which he described as
"shocking."
He questioned whether the Supreme Court fully understood Judge
Tucker's decision requiring the state to more broadly consult with
Jefferson County while reviewing the MSTI project.
The county wanted a consultation role throughout the process,
"not just at the beginning and the end," Lythgoe said.
At the same time, he said that since the lawsuit both
NorthWestern Energy and the Bureau of Land Management have improved
communication with Jefferson County.
"We have made significant progress as far as them seeing our
point of view," Lythgoe said. "We've felt like we've been
heard. "
On the other hand, Lythgoe says Jefferson County shouldn't have
to file a lawsuit before its concerns are considered.
With the lawsuit over, he's hopeful the DEQ will begin working
with Jefferson County as well.
"Our hope is that they will come to the table like NorthWestern
has done and the BLM has done," Lythgoe said.
NorthWestern's 500-kV line is proposed to supply power to
out-of-state markets and would run from near Townsend to just north
of Jerome, Idaho.
The line has been highly controversial, with some landowners
saying it would come at their expense through loss of property
value to benefit NorthWestern Energy.
The utility says the $1 billion line would carry primarily
renewable electricity generated in Montana to help customers
fulfill new energy demand and renewable portfolio standards adopted
by western states.
Reporter Justin Post: justin.post@lee.net or 406-496-5572.
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