DIVIDE — A conservation group concerned about the health of the Big Hole River is taking legal action by asking the courts to require the Montana Department of Environmental Quality (DEQ) to reverse a recent decision to not declare portions of this river as impaired due to alleged nutrient pollution.
The action was filed in the First Judicial District by the group Upper Missouri Waterkeeper against the Department of Environmental Quality on May 12th. The lawsuit was in response to the DEQ rejecting a request by the Big Hole River Foundation that the DEQ classify parts of the river as impaired last February.
Watch: Legal battle erupts over Big Hole River environmental health
In April, the DEQ rejected the request.
The suit claims a study by the foundation that was started in 2019 shows numeric data of increased excesses of nitrogen and phosphorus in certain points along the Big Hole River, which leads to algae blooms. These blooms deplete oxygen and are harmful to aquatic life.
The DEQ rejected the impairment request in April, claiming the data didn’t fit the criteria for impairment.
Upper Missouri Waterkeeper officials say the river needs this classification to prompt environmental action to make improvements to the river.
“This problem we can solve today, but in order to get on the road to recovery, we need to have a pollution cleanup plan, and that means admitting we got a problem on the ground. And, unfortunately, the DEQ is playing politics instead of what the law requires,” said Upper Missouri Waterkeeper Attorney Guy Alsentzer.
Watch related coverage: DEQ rejects request to list parts of Big Hole River as impaired by nutrient pollution
The DEQ told MTN News it could not comment on the pending litigation.
A show of cause hearing on this matter will be held Friday, May 16, at 9 a.m. in a Lewis and Clark County courtroom.
