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For Immediate Release

June 20, 2024

A local community group named Stop The Shepherd Landfill has filed a lawsuit in Yellowstone County District Court challenging a license the Montana Department of Environmental Quality recently issued to Pacific Steel and Recycling to build a 90 acre landfill of Auto Shredder Residue north of Billings in Shepherd, Montana. The group claims the landsite will store toxic pollutants and the impacts were not adequately analyzed. 

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PLAINTIFF’S REPLY BRIEF IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN RESPONSE TO DEFENDANT AND DEFENDANT- INTERVENOR’S MOTIONS FOR SUMMARY JUDGMENT

November 4, 2024

The Montana Department of Environmental Quality (“DEQ”) violated the Montana Constitution and Montana Environmental Policy Act (“MEPA”) by failing to take a “hard look” at the potential environmental impacts of the proposed Shepherd landfill. The DEQ’s own internal documents say landfills are a “major source of PFAS” pollution and exposure to the “toxic” forever chemicals can cause adverse human health effects, such as cancer. The DEQ violated MEPA and the Montana Constitution by failing to analyze or disclose this information in its MEPA analysis.

Complaint

We have a complaint that was filed on 6/18/2024 challenging a license the DEQ issued for construction of a proposed landfill for Auto Shredder Residue north of Billings. 

The complaint alleges the Environmental Assessment violates the Montana Constitution, Montana Environmental Policy Act, and Solid Waste Disposal Act. The Residue contains PFAS, a known toxic that causes cancer, birth defects, and other human health issues. The Environmental Assessment does not disclose or analyze the data or studies in its possession regarding PFAs. In addition to vacating the license,  we asked the court to strike several provisions of MEPA that infringe on the group’s Constitutional right to a Clean and Healthful Environment.

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