Northern Plains sues state agencies over methane plan

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BILLINGS - The Northern Plains Resource Council is suing three state agencies, saying that a statewide plan for developing coalbed methane permits allows wasting of huge amounts of groundwater and doesn't do enough to offset potential environmental effects.

The lawsuit, filed late Monday in District Court in Helena, names the state Department of Environmental Quality, Board of Oil and Gas Conservation and Department of Natural Resources and Conservation as defendants.

In its claim, the council and two other groups say the statewide plan requires the state to allow "use of groundwater for reasonable beneficial use, now and in the future." But it doesn't require that water pumped from the ground to develop coalbed methane be, for example, reinjected into underground aquifers.

Depletion of aquifers and reduced streamflows in southeast Montana, where much of the development is projected to occur, are particular concerns of the groups, which include the Montana Environmental Information Center and Tongue and Yellowstone Irrigation District.

"There are ways to develop coalbed methane resources without harming the land and the water and the air and the fabric of our farming and ranching. But this document doesn't do it," attorney Jack Tuholske said Tuesday.

The groups are seeking a court order against the agencies that would bar approval of additional methane development until there is "compliance."

Among the other claims raised in the lawsuit is the state failed to require "best available control technology" to minimize air pollution and other environmental effects.

Drilling for coalbed methane requires the release of water to relieve the pressure holding natural gas in coal seams. Farmers, ranchers and others contend that the water released often is salty and could harm crops and other vegetation.

Tom Richmond, administrator of the Board of Oil and Gas Conservation, said Tuesday he had not seen the lawsuit and could not comment.

DEQ Director Jan Sensibaugh, who had seen the lawsuit by late Tuesday, said she doesn't believe air and water quality permitting by the department would be in violation because they would be in line with certain standards. The permitting process also would require an additional environmental review to make sure there were no "site-specific" problems, she said.

The state and U.S. Bureau of Land Management worked on the plan for coalbed methane development in Montana. So far, activity has been limited though officials see potential for development in southeast Montana. There, the Powder River Basin spills into the state from northern Wyoming, where coalbed methane activity has moved briskly.

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