Laserfiche WebLink
, Land Letter <br />Page 2 of 2 <br />"Industrial waste is not limited to only the most heinous and toxic forms of industrial byproducts," the court <br />ruled. The dictionary defines industrial as "of, pertaining to, or derived from industry," it said. <br />The court disagreed with Fidelity's argument that methane water is not a pollutant because it is unaltered <br />groundwater. Not considering methane water a pollutant "would allow someone to pipe the Atlantic Ocean <br />into the Great Lakes and then argue that there is no liability under the CWA because the salt water from the <br />Atlantic Ocean was not altered before being discharged into the fresh waters of the Great Lakes," the court <br />said. <br />Fidelity already tests its water, sending samples to third -party labs, to ensure that it is not exceeding <br />standards or causing degradation to the water. "We've always been well within compliance with any <br />standards," Caskey said. <br />Fidelity, a subsidiary of MDU Resources Group Inc., said the ruling will not affect how it conducts its <br />business in Montana and should not significantly affect its future operations. The company also does not <br />expect to face fines for CWA violations, but NPRC's Amy Frykman said fines are mandatory under the <br />CWA. Fidelity's legal team is currently reviewing the decision, Caskey said. <br />Northern Plains said the ruling should help ensure Montana's water is protected as methane development <br />advances in the state. The Bureau of Land Management is expected to release separate records of decision <br />for the Montana and Wyoming portions of the Powder River Basin, which straddles the two states, by the <br />end of the month. <br />Environmentalists and irrigators are also contesting Fidelity's permit, which allows them to discharge 1,600 <br />gallons of water per minute. <br />Click here to download the ruling. <br />ENVIRONMENT & ENERGY DAILY * GREENWIRE * LAND LETTER * E &E PUBLISHING, LLC <br />122 C. St. NW, Ste. 722 Washington, D.C. 20001 <br />E -mail: pubs@eenews.net * Phone: 202- 628 -6500 <br />All contents O 2003 E &E Publishing, LLC. <br />http: / /www.eenews. net/ LandletterBackissues /041703/04170306.htm 4/17/2003 <br />