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Bill to align Montana coal "material damage" language with federal guidance draws industry and landowner split
Summary
House Bill 587 would revise the statutory definition of "material damage" from coal mining to conform with Office of Surface Mining guidance, the sponsor said.
Representative Gary Perry opened House Bill 587 to revise how Montana defines "material damage" to water quality and quantity from coal mining, saying the bill adopts language OSM (Office of Surface Mining) signaled would meet federal expectations and protect Montana’s primacy for the coal program.
"Adopting the language is important for two reasons," Representative Gary Perry said: it helps Montana maintain primacy over its coal program and preserves federal funding for DEQ's reclamation and enforcement work. He said the change simply aligns state language with OSM guidance and does not otherwise change protections for downstream beneficial uses.
Industry proponents, including Westmoreland Mining and the Montana Coal Council, told the committee that OSM reviewed Montana’s previous revisions and denied them in January; the sponsors said HB 587 adjusts the…
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