The importance of the 1989 Montana Bad Actor Law

During the last two weeks I have read three well-written articles that appeared in the Billings Gazette, that spoke of the importance of the 1989 Montana Bad Actor Law. The Montana Legislature, at that time, spoke a truth held by many Montanans, that the “Treasure State” had been desecrated by some, but not all people from the mining industry.

Yes, we need an economy, and we appreciate the good paying jobs that were created by the mining companies, we also place a stewardship trust on those who mine.

The 1989 Legislature’s Bad Actor Law clearly stated that if you mined in Montana you were obligated to clean up your mess, and if you didn’t the state would never give you a permit to mine here again.

We are the “Treasure State,” and there are many active mines in Montana, including Stillwater, Montana Resources, Signal Peak, Golden Sunlight, Savage, Regal, Rosebud and Spring Creek. I appreciate the reclamation effort these companies make and the jobs they have created. These companies have been “good actors,” they have played by the rules, and disturb as little as possible and remediate any damage they create.

The Bad Actor law recognized that many miners dating back to the Copper Kings extracted wealth from Montana and left the financial hardship of mine pollution and cleanup costs on the backs of Montana taxpayers.

When I was lieutenant governor, I was invited to visit the Zortman and Landusky mine site, and saw for myself the environmental degradation that has occurred. Lands that are sacred to the Gros Ventre and Assiniboine Tribes, whose streams are contaminated with cyanide and acid mine drainage, in spite of the Montana Department of Environmental Quality’s multi-million dollar effort to clean up this mess. Treatment costs have exceeded available funds by more than $1 million annually.

The question is, who is responsible? In this case it is bankrupt Pegasus Gold and their CEO Phil Baker, who left the state with gold in his pocket and stuck Montana with the cleanup costs in the millions. Phil Baker became President and CEO of Hecla Mines in 2001. He spent 11 years claiming that Hecla was not responsible for the mining pollution from their mines in western Idaho. Baker and Hecla were ordered to pay Idaho a record $263 million for pollution in 2011.

At this time, Hecla Mines and their President/CEO Phil Baker would like to mine copper and silver under the Cabinet Mountains near Libby, Montana. If Mr. Baker wants to mine in Montana again, he must pay back the public for the costs of cleaning up his former companies messes. Unless and until Baker and his new company Hecla takes responsibility, as the “Bad Actor Law” requires, Hecla should not be allowed to profit from mines in Montana. It is as simple as this, if you have been cheated or harmed by someone, you would not do business with that person, until they corrected their error.

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John Bohlinger is a former Republican Montana representative, senator and lieutenant governor.