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County approves petition to DEQ seeking new selenium rulemaking to align standards, avoid litigation
Summary
Lincoln County voted to submit a rulemaking petition to the state Department of Environmental Quality seeking changes to the selenium standard applicable to Lake Cukanusa; county counsel said the rulemaking could reduce litigation costs now pending in federal court.
Lincoln County commissioners voted to authorize submission of a petition to the Montana Department of Environmental Quality asking the department to reconsider and revise the state's selenium rule as it applies to Lake Cukanusa.
Amy Hakalock, an attorney representing the county in related litigation, told commissioners the petition seeks to make the state standard consistent with what the county believes is the scientifically appropriate and federal standard. "If Lincoln County agrees, this would submit a petition for rulemaking... to basically correct the rule that's currently in place that is more stringent than the federal standard," she said.
Hakalock said the rulemaking route could allow the county to avoid continued costly litigation in front of Judge Cely regarding selenium in Lake Cukanusa and the Department of Environmental Quality. Commissioners moved and approved a motion to submit the petition to DEQ on behalf of Lincoln County.
The meeting record shows commissioners asked whether the petition would reduce future litigation costs; Hakalock said a successful rulemaking could avoid further time and expense in court but noted the outcome depends on the administrative process.
No specific vote tally was recorded in the transcript; the chair called the motion carried following the usual "all in favor" voice vote.
