Conservation groups have been forced to go to court to get public records related to the Gov. Greg Gianforte administration’s decision to drop enforcement action against a mining executive whose former company has saddled Montana taxpayers with tens of millions of dollars in cleanup costs.
Since November, the Montana Environmental Information Center and Earthworks has been seeking records on an administration decision to drop legal claims against Phillips Baker Jr. and his firm, Hecla Mining Co.
Baker and Hecla have been pursuing a pair of mines in the Cabinet Mountains in Northwest Montana. Baker was chief financial officer for Pegasus Gold when it went bankrupt in 1998 leaving behind a nightmarish moonscape of a wasteland at the Zortman Landusky mine in North Central Montana. To date, taxpayers have footed a bill for more than $50 million to cleanup toxic waste at the site. And the cleanup is projected to cost $2 million a year for the foreseeable future.
The state Department of Environmental Quality took legal action against Baker and Hecla 2018 to recover those costs under Montana’s “bad actor” law. That law is aimed at holding mining companies and their executives accountable for a long history of leaving behind disastrous messes. The Gianforte administration dropped the action last July, citing the cost of the litigation. In the past Gianforte has been vocally pro-industry and critical of government agencies for being so slow in permitting the Cabinet Mountain mines.
The conservation groups have been seeking records related to the decision to drop the case for almost five months under the state’s open government laws. Asked about the delay, a spokesperson for the administration merely said they take such requests in the order in which they are received.
In a digital era in which such records can be produced with a few key strokes, that’s laughable. Gianforte, a Republican, is reminded that the bad actor provision in mining law was enacted in 2001 by a GOP-controlled Legislature and signed by then-Gov. Judy Martz, another Republican. The bipartisan measure was approved in recognition of the state’s sad history of failing to hold mining companies accountable for environmental damage.
Gov. Gianforte, taxpayers deserve to know why you are thumbing your nose at this law. Tell your underlings to stop dragging their feet and hand over the records.
This editorial solely represents the opinion of the Chronicle Editorial Board. The board consists of the opinion editor, the managing editor, the publisher and several community members. The community members are non-journalists who provide input and help shape the board's opinions.
The board does not represent the views of the newsroom, and its opinions have no influence over the Chronicle's news coverage. To submit feedback on this editorial, email citydesk@dailychronicle.com.
Editorial Board
Mark Dobie, publisher
Michael Wright, managing editor
Bill Wilke, opinion page editor
Richard Broome, community member
Renee Gavin, community member
Charles Rinker, community member
Will Swearingen, community member
Angie Wasia, community member
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