Lincoln County backs petition asking DEQ to revisit selenium standard amid ongoing litigation

Lincoln County commissioners voted to submit a petition to the Montana Department of Environmental Quality asking the agency to reconsider the county's selenium standard through the formal rulemaking process.

Outside counsel representing the county, who identified herself in the meeting as Amy Hakalock of the firm handling current litigation, told commissioners a DEQ petition could align the county's standard with what the attorneys described as a scientifically supported legal standard and potentially reduce ongoing court expenses. "This is related to the litigation in the sense that it would basically, if Lincoln County agrees, submit a petition for rulemaking from Lincoln County to the Department of Environmental Quality to basically correct the rule that's currently in place," Amy Hakalock said when introducing the item.

Commissioners asked clarifying questions about goals and timing. One commissioner framed the expected outcome as cost savings: "We heard earlier the goal of saving money on litigation fees, which everybody would love to do," a commissioner said during discussion. A motion to move forward with the petition was made and approved by voice vote.

The county's outside counsel said the county would submit the petition on the board's behalf and coordinate next steps with county counsel; the transcript records that the county will proceed once documents are finalized.

The petition and any DEQ response will be a matter of public record; commissioners indicated they would receive updates from the county attorney and outside counsel as the rulemaking advances.