Protest group files suit against Montana DEQ over 'unconstitutional' landfill

Back in Junea local protest group known as Stop the shepherd’s dump, has filed an official lawsuit against the Montana Department of Environmental Quality (DEQ). The group hopes to prevent the landfill from being put into use in January.

Shepherd, Pacific Steel and Recycling Landfill

Pacific Steel and Recycling (PS&R) plans to open the new landfill Jan. 1, at the corner of Highway 87 and Shepherd Acton Road. This landfill will replace the current one in Lockwood.

According to Stop the Shepherd Landfill, one of the most concerning aspects of the landfill is that it produces ASR, or Automatically shredded residue. The PS&R landfill is one of the few ASR landfills in the US that collects items such as refrigerators or cars from other states.

ASR has the potential to carry potential and permanent chemicals known as PFASor per- and polyfluoroalkyl substances (perfluorooctanoic acid and perfluorooctane sulfonate). This is reported by the US Environmental Protection AgencyPFAS exposure can lead to negative health effects, including interference with the body’s hormones, increased risk of cancer and reproductive effects.

“We’ve tried to fight it. (The Montana DEQ) is very confidential and fast-tracked, and if anyone wants to step up and express any kind of concern, they’re stopped,” said Patrick Hall, a local resident. Shepherd resident.

Hall lives less than a mile from the new landfill. He is very concerned about the potentially dangerous chemicals that could come out of the landfill and spread through the wind.

“That stuff is going to go a long way, and (our) livestock is going to be affected, and that’s the livelihood of a lot of people here,” he said.

That’s one of the reasons Hall joined Stop the Shepherd Landfill.

In the lawsuit, filed by Cottonwood Environmental Law, Stop the Shepherd Landfill asks Montana DEQ to conduct a formal lawsuit Environmental impact report (EIA).

A EIS forces a thorough investigation of the countryand would ensure an investigation into any hazardous materials. Stop the Shepherd Landfill says an EIS will provide more information about ASRs as opposed to the DEQ’s initial investigation.

“The Montana Constitution states that if there could be a significant impact, the DEQ must complete an EIS,” said Anellise Deters, co-founder of Stop the Shepherd Landfill.

MTN has reached out to DEQ for a statement or an in-person interview, but due to the current litigation, the company cannot comment.

However, PS&R’s Mary Green emailed MTN a statement: “Pacific is pleased to have received a license for this facility from Montana DEQ, based on sound law and science. We look forward to the opening and the responsibility that will come in will be operational by 2025.”

Stop the Shepherd Landfill plans to hold a public meeting in December. They hope that the court will consider their case before January and prevent the landfill from being officially put into use next year.

“First of all, we want construction to stop, but we also want DEQ to be held accountable for what their agency should be doing, which is protecting our environment,” Deters said.

For more information or updates, visit their website.