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Debate Over Anti‑Degradation Language: Industry Seeks Alignment with Federal Rule; Environmental Groups Oppose
Summary
House Bill 685 would change Montana’s anti‑degradation statute by renaming a state allowance to a ‘‘feasibility allowance’’ and striking language that requires a demonstration that development benefits exceed societal costs of allowing degradation of high‑quality waters.
Representative Fitzpatrick introduced House Bill 685, which would change language in Montana’s anti‑degradation statute: proponents would replace a state phrase that permits degradation where certain conditions are met with a ‘‘feasibility allowance’’ aligned to the federal Clean Water Act anti‑degradation framework and remove language requiring a social cost–benefit balancing test.
Matt Vincent of the Montana Mining Association said the proposal ‘‘aligns Montana’s statute with what is already in place in the federal Clean Water…
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