Supreme Court Lets Stand Coalbed Methane Water Ruling

The U.S. Supreme Court had decided it will not be reviewing a Montana appeals court ruling that water released during coalbed methane development is a pollutant under the federal Clean Water Act.

Fidelity Exploration & Production Co. asked the court to overturn a ruling earlier this year by the 9th Circuit Court of Appeals. That ruling said coalbed methane water is "industrial waste" and subject to regulation by the act.

The process of drilling for coalbed methane requires the release of large amounts of groundwater, in order to ease pressure that holds the gas in coal seams. Farmers, conservationists, and others believe the water often is salty and can harm vegetation.

Northern Plains sued Fidelity in 2000, claiming that the energy development firm had illegally discharged water from its coalbed methane operations in southeastern Montana into the Tongue River.

Fidelity has stated that it sought and obtained the proper permits to discharge water – even after the Montana Department of Environmental Quality said none were needed because state law exempts such discharges.

However, DEQ made it clear that the federal Environmental Protection Agency didn’t agree with the exception.

Last year, a federal judge in Montana dismissed Northern Plains’ case, ruling the water isn’t a pollutant under the Clean Water Act and that its discharge doesn’t require a permit under state law.

That ruling was overturned by the 9th Circuit.

Mike Caskey, Fidelity’s executive vice president and chief operating officer, stated that the decision should not affect the way the company operates in Montana.

Source: montanaforum.com