- Largest oil and gas reserve in US discovered. It’s not the Christmas gift Ryan Zinke thinks it is.
- Stillwater County landowner lawsuit update: County runs out the clock on Judge Jones; hearing set for January 16
- The National Climate Report: Don’t be duped. Understand it yourself, and take action.
- Action Alert: Please write the Stillwater County Commissioners by Thursday, November 22
- Lessons from other states: Nevada and Arizona
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Tag Archives: Stillwater County Commissioners
Stillwater County landowner lawsuit update: County runs out the clock on Judge Jones; hearing set for January 16
In the three months since my last update on the Beartooth Front landowners’ lawsuit against the Stillwater County Commissioners, the Commissioners have carefully followed a familiar path — delay, delay, delay. The result is that a new judge will have to hear the case, likely resulting in more delays down the road.
The landowners filed the suit last February after the Commissioners denied a petition to set up a citizen-initated zone to regulate oil and gas drilling in southern Stillwater County. The Commissioners ruled that the petition did not qualify, even though it met the legal requirement of the signatures of 60% of the landowners in the proposed zone. According to the Commissioners, the petitioners needed the signatures of 60% of the minerals owners in the proposed zone in addition to the landowners.
Delays are nothing new in this case. The landowners originally submitted their petition in November, 2015, and the County has taken every opportunity to avoid complying with the law and granting the petition, which would put reasonable regulations on drilling, not ban it.
This is a request for action from those of you in Stillwater County. The County is in the process of updating its growth plan, last updated in 2007. They have done a poor job of soliciting input from the public, and the current draft of the plan is inadequate in many areas.
Comments are due no later than THURSDAY, NOVEMBER 22, so please act quickly. Continue reading
Beartooth Front landowners last week filed the critical brief in their lawsuit against the Stillwater County Commissioners. It outlines their argument for why landowners alone, without the approval of minerals owners, should be able to establish a citizen-initiated zoning district. The argument lies at the heart of a central tension in Montana law: the self-determination of landowners to decide what happens on their own property vs. the importance of mineral extraction to the state economy.
Assuming there are no extensions, the County will have 21 days to respond, and then the landowners will have 14 days to reply. That will put the end of briefings in early October. Our attorney has asked for a hearing on the motion, and we are hopeful that Judge Jones will conduct the hearing and issue a ruling on our motion before the end of the year.
To read more, click the link.
This op ed appeared in the Stillwater County News on August 23, 2018.
“The Commissioners aren’t doing their jobs. Instead of trying to make new law on behalf of the oil and gas industry, what they should be doing is working with Stillwater landowners to protect the Beartooth Front.” Continue reading
Judge Blair Jones issued his first ruling today in the lawsuit Beartooth Front Coalition et al. vs. Board of Commissioners, Stillwater County. He ruled in favor of the landowners, denying the County’s motion for a summary judgment in their favor.
To find out more and read Judge Jones’ ruling, click the link. Continue reading
There was a familiar look to the gallery at the hearing Thursday in the Stillwater County Courthouse in Columbus. In the case of Beartooth Front Coalition et al vs. Stillwater County Commissioners, there were, by my count, 56 people there in support of the Beartooth Front Coalition, which is suing Stillwater County to establish a citizen-initiated zone to regulate land use related to oil and gas along the Beartooth Front.
They were easy to identify. They all knew each other. They are neighbors in southern Stillwater County, many from families that have been there for generations, who signed a petition to establish the zone. They greeted each other by name, offered encouragement, expressed resolve to be successful in the suit.
To find out what happened at the hearing (with photo), click the link. Continue reading
Action Alert: Please attend hearing on Stillwater County landowner lawsuit, Thursday, July 26, 1:30pm
The next step in the Beartooth Front Coaltion lawsuit against the Stillwater County Commissioners is a hearing in front of Judge Blair Jones. The hearing will be held at the Stillwater County Courthouse in Columbus on Thursday, July 26 at 1:30 pm.
This step is the first of several hearings in this case. If the landowners are successful in their suit, the ultimate outcome will be for the Commissioners to hold a hearing to consider the petition. It is critical for them to see evidence at every step of the way that landowners stand firm in their demand that their rights be protected.
Please come if you can.
To read more about the suit and the hearing, click the link. Continue reading
Stillwater County’s out of state law firm wasted no time in responding to the Beartooth Front Coalition’s lawsuit against Stillwater County by filing a motion to dismiss the suit. The petitioners have responded, and the case is in motion. This post summarizes the arguments put forward in the case so far, with links to the court documents.
Click the link to find out the details. Continue reading
The Stillwater County Commissioners have retained a high-priced out-of-state law firm to defend a lawsuit filed against them by Beartooth Front landowners. Over 60% of the landowners in the area have petitioned the County to set up a citizen-initiated zone to regulate oil and gas drilling, in accordance with Montana law.
Why would they hire a firm from out of state? And why would they hire a firm with rates much higher than would be charged by an expert Montana firm? It’s impossible to tell for sure. There has been no public notice of any contractual relationship with an outside firm. A look at recent Commissioner agendas and meeting minutes makes no mention of a contract.
But a look at the facts shows that the Commissioners have gone out of their way not only to deprive local landowners of their rights, but to establish a precedent that will end citizen-initiated zoning in Montana. In doing so they will pave the way for the oil and gas industry to operate without regard for local communities. This agenda dovetails perfectly with the national agenda of the oil and gas industry.
To find out more about this law firm, click the link. Continue reading
The efforts of landowners in southern Stillwater County to guarantee long-term protection of their land has generated a lot of media coverage locally and across Montana over the last several weeks. The reason is clear — the landowners’ lawsuit against the County has long-term implications not only locally, but for landowner rights across the State.
In addition to this coverage, local residents deluged the Commissioners with dozens of letters opposing their position on citizen-initiated zoning.
This post provides links to published articles and letters. Continue reading