KALISPELL — Oral arguments were held in Flathead County District Court in Kalispell Tuesday morning regarding a motion filed by Citizens for a Better Flathead and the Confederated Salish and Kootenai Tribes against the Montana Department of Environmental Quality.
The motion focuses on DEQ’s permit authorization for Lakeside County Water and Sewer District’s wastewater expansion project.
(WATCH: Oral arguments held regarding Lakeside wastewater expansion lawsuit)
The lawsuit claims the Department of Environmental Quality ignored possible harm to local waters after issuing a permit to the Lakeside County Water and Sewer District for expansion in April of 2025.
Attorney Guy Alsentzer representing Citizens for a Better Flathead argued that DEQ acted unlawfully by not properly evaluating how the permit's new nutrient waste loads would combine with existing pollution sources.
Alsentzer argues DEQ violated the Montana Water Quality Act and Montana Environmental Policy Act by failing to fully assess environmental impacts before approving the permit.
“This isn’t about putting the finger on the desired outcome, it’s about making sure the agency has a reasoned decision-making process that corners all four corners and says what do we got out there, where’s the criticism and here’s how we can prove that we don’t need to do anything else, they simply didn’t do that here,” said Alsentzer.
Attorney Kirsten Bowers representing DEQ said the agency conducted a wide variety of expert analysis before issuing the permit.
She said the agency strictly followed the Montana Water Quality Act and the Environmental Policy act.
“DEQ considered all evidence in the administrative record including comments submitted by plaintiffs and their experts to determine the permit results in non-significant changes in water quality,” said Bowers.
Judge Danni Coffman said the court will take the arguments under advisement and issue an order at a later date.
