Posted May 18, 2023 6:48pm ET
A fly fisherman casts on the Kootenai River, downstream of the Koocanusa reservoir at the center of the dispute, near the Montana/Idaho and Leonia, Idaho border, on September 19, 2014. (THE CANADIAN PRESS/AP – The Spokesman Review, Rich Countries)
A Canadian coal miner is being sued in a US court for polluting his mines in US waters.
Teck Coal Ltd. is one of three defendants in a motion for judicial review filed by environmental groups from Montana and Idaho.
The groups accuse Montana state authorities of illegally enacting an ordinance setting limits for selenium in Lake Koocanusa, a reservoir that crosses the international border.
Selenium, which is toxic to fish, comes from the Teck coal mines in British Columbia’s Elk Valley.
Court documents filed in Montana say the Montana Board of Environmental Review and Lincoln County commissioners exceeded their powers when they rolled back selenium limits set by state and federal agencies.
They did so at Teck’s request.
A similar request for judicial review was also filed by a Montana state environmental agency.
The long-running dispute involves Canada’s federal government, as well as the US Senate and White House, who want Canada to join an investigation into the contamination.
Teck has paid millions in fines in this case, even though the company says it now captures almost all of the selenium from its mines.
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