BILLINGS — For many Yellowstone County residents, it was a frustrating and disappointing Friday afternoon, as Judge Mary Jane Knisely ruled to postpone a decision to start operations at a proposed Shepherd landfill in the spring.
It was a sea of ribbons inside the Yellowstone County courthouse, as residents showed up in solidarity against a proposed landfill designed for automobile and other metals waste, operated by Pacific Steel and Recycling.
"Stop the Shepherd Landfill is a community group, all volunteers. They're worried about their community," said the group's attorney, John Meyer, with Cottonwood Environmental Law.
The proposed 320-acre project is set to start operation in January. It was approved by the Montana Department of Environmental Quality (DEQ) and is set to become a repository for tens of thousands of tons of auto-shredded residue.
Stop the Shepherd Landfill believes the DEQ wasn't thorough enough in its initial environmental assessment and is asking for a more comprehensive environmental impact statement, which, according to Pacific Steel, could cost a million dollars, several resources, and up to 10 years.
To complete an environmental impact statement, a company is required to provide more information. Pacific Steel says it believes an environmental assessment is more thorough.
Stop the Shepherd Landfill's goal is to revoke the permit administered to Pacific Steel from the Montana DEQ and to prevent operations from starting. The group filed a lawsuit against the DEQ and Pacific in June. On Friday, those three parties met with the hopes of reaching a decision.
Related: Group files suit against Montana DEQ for 'unconstitutional' landfill
The courtroom was filled with Montana residents and yellow ribbons.
"Seeing the entire public area packed with yellow ribbons, or yellow shirts, was very motivating," said one of Stop the Shepherd Landfill's founders, Anellise Deters.
"You can't destroy the environment, and that's exactly what the Montana constitution says, your honor," Meyer said during the hearing.
Montana DEQ's attorney Nicolas Whitaker disagreed with several of Meyer's claims.
"Neither of these claims have merit. First, under this court's standard review for a MEPA (Montana Environmental Policy Act) challenge, the plaintiff has filed to meet their burden to show, by clear and convincing evidence in the record, that DEQ's decision was arbitrary and capricious," Whitaker said.
Pacific Steel also argued that the proposed landfill, which is very close to completion, has safeguards to divert polluted water, including groundwater wells, to monitor the aquifer and three lining systems.
These safeguards led to DEQ's initial decision to grant the license.
"Has the plaintiff proven by clear and convincing evidence that DEQ's finding was arbitrary and capricious? The answer to that question is no," said Matthew Dolphay, a Pacific Steel attorney.
Ultimately, the court chose not to rule on the lawsuit. By March 1, all three parties are expected to have their proposed orders submitted for an additional hearing in the spring.
As normal, Pacific Steel plans to start operations in January. The only way operations will halt is by a court-ordered restraining order or preliminary injunction, which Meyers stated Friday he does not plan to seek.
"It is understandable that there's a lot of information that was presented in the three hours we were there, and the judge does probably need time to sit with it," Deters said.
Neither Dolphay or Whitaker were able to comment due to the ongoing litigation. As far as the public's reaction, sighs were heard across the room after the news.
"A lot of frustration," said Deters.
