Bridger Pipeline Waiver Faces Legal Challenge in Montana

Environmental groups and a Montana landowner have challenged a state waiver tied to the proposed Bridger Pipeline, arguing required public notice and hearings were bypassed during the permitting process.

(P&GJ) — Environmental groups and a Montana landowner have challenged a waiver issued by the Montana Department of Environmental Quality (DEQ) that allowed portions of the proposed Bridger Pipeline's permit application to be omitted, arguing the agency failed to follow state public notice and hearing requirements.

The legal challenge, filed by Earthjustice on behalf of the Montana Environmental Information Center and a local rancher, centers on a waiver DEQ granted in February after Bridger requested permission to exclude certain financial and environmental information from its application for a Certificate of Compliance. The proposed pipeline would transport up to 1.13 million barrels of oil per day across eastern Montana if approved.

According to the filing, the challengers argue Montana law required DEQ to provide public notice and hold a hearing before approving the waiver because the omitted information could influence the agency's review of the project.

"The law requires the disclosure of information to the public — information that is incredibly important for evaluating the potential impacts of the pipeline on Montana's environment and people," said Derf Johnson, deputy director of the Montana Environmental Information Center.

Earthjustice also contends the omitted information included financial data and analyses of alternative pipeline routes that are required under state law. The organization argues DEQ's decision could affect the public's ability to evaluate the project's environmental and economic impacts.

Lars Phillips, a senior attorney with Earthjustice, said the organization believes DEQ should reconsider the waiver or face further legal action.

If approved, the Bridger Pipeline would have the capacity to transport up to 1.13 million barrels of oil per day, making it one of the largest proposed crude oil pipeline projects in North America. The Montana DEQ has not publicly responded to the legal challenge.