Generally, a county cannot defeat a state environmental department’s approved plan for construction of transmission lines or other utility structures. However, the Constitution’s guarantee of due process mandates that the state should provide reasonable notice and a chance to be heard to affected parties and municipal governments. It is quite possible the Montana Supreme Court will send this issue back to the Montana Department of Environmental Quality (DEQ) to allow Jefferson County and other interested parties to give their input on the environmental impact study (EIS) that approved construction of power transmission lines. After all, there is no due process where agencies make crucial decisions behind closed doors.

The Montana Supreme Court tackled Eminent Domain and the right of the county this morning in Helena.

Jefferson County Commissioners wants to have more input on the project in the early stages ideally before the environmental impact study or the EIS is drafted.

EIS is a requirement on a project that may have an effect on communities.

DEQ attorney Edward Hayes said consulting with counties before an EIS is drafted would be inefficient and difficult due to the time constraints issued by state law.

“The DEQ and other state agencies are only given 6 months to prepare and complete a final EIS,” Hayes said.

Jefferson County would like to be involved in the plans process before the draft is of the EIS is complete.

They believe if they are consulted after the draft is made it will be too late and the decisions will already be set in stone.

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