Protecting Public Health and Private Property: Citizen Access to the Courts

The Montana Constitution states that the public has the right to expect governmental agencies to allow "reasonable opportunity for citizen participation" before making decisions that impact our state's natural resources and our quality of life. Therefore, Montana's citizens have the right to appeal state agency decisions (including permits) that impact public health and safety, our water, abundant wildlife and air quality.  The appeal process gives regular folks the ability to demand that the state follows the law in order to protect public health and private property.  Our access to the courts is a right rarely exercised, but critically important.

In 2008, the Department of Environmental Quality issued 3,616 permits for different types of air, water, and waste pollution. Only three permits were appealed - less than one-tenth of 1 percent. And all three appeals in 2008 were actually filed by the facility seeking the permit.

DEQ issued 1,210 air pollution permits from 2006 to 2008. Only six of those permits were appealed, three by the public. The same is true for water quality permits: of the 3,063 total permits issued, only six were appealed and none of the appeals came from citizens.

Industrial facilities are occasionally permitted without the public health safeguards Montanans demand and need. For example, the DEQ issued air permits to the Hardin Generating Station for a coal plant without necessary mercury controls. Neighbors, justifiably concerned about the harmful health effects from the toxic release of mercury from the facility, appealed the permit, resulting in better, safer mercury controls throughout the state.

Citizens must maintain their rights to access the courts and appeal state agency decisions to protect public health and private property.

Learn more about an attempt to erode citizens' rights here: