Mr. Robert Rosner reports
MONTANA JUDGE ISSUES RULING RELATING TO LUCKY MINERALS' EXPLORATION
LICENSE AND PRIVATE PROPERTY RIGHTS
Lucky Minerals Inc. is
considering its options regarding a court order for vacatur of exploration licence at the company's
Emigrant project in southwestern Montana. Judge Brenda Gilbert, of Montana's Sixth District
Court, recently ruled against Lucky Mineral's and Montana attorney-general Tim Fox's requests
that Montana's District Court deny the motion for vacatur and uphold Lucky Mineral's private
Judge Gilbert's order was issued in response to the plaintiff's (Park County Environmental Council
(PCEC)) motion filed in June, 2018, asserting that strategic mineral exploration at the Emigrant
project would impact Montanans' right to a clean and healthful environment.
It is the position of the company that Judge Gilbert did not give adequate weight and consideration
to the attorney-general's assertion that PCEC's constitutional challenge was fundamentally flawed,
insofar as it was based on what Lucky believes to be a false presumption that the Montana
Environmental Policy Act (MEPA) is the only applicable law enacted to protect Montanans' right to a clean
and healthful environment. Furthermore, Mr. Fox's brief called out PCEC's failure to acknowledge
the significant and comprehensive range of environmental protection remedies under the Metal
Mine Reclamation Act (MMRA).
"Judge Gilbert's ruling threatens private property rights not only of this project, but it also threatens
the private property rights of farmers, ranchers and a wide range of other Montanans throughout
the state," said Robert Rosner, chief financial officer and executive vice-president of Lucky
Minerals. "Montana has worked hard to put in place protections that allow job-creating projects
like Emigrant to advance while preserving the safety and health of the community."
The attorney-general's brief submitted to Judge Gilbert on the matter stated that "the legislature never intended
MEPA to be the roadblock tool of environmental groups for indefinitely delaying and ultimately
shutting down all resource development projects to which the environmental groups are
"Lucky Minerals will likely appeal Judge Gilbert's order and continue to fight for the private property
rights which are the backbone of the Montana way of life," said Mr. Rosner. "The judge's order appears
to have overlooked the attorney-general's assertion that MEPA is not intended to be used by special-interest
groups to become a roadblock tool; rather, it must be used for oversight."
Montana's Department of Environmental Quality extensively studied the exploration activities
proposed for the Emigrant project. The studies are documented in a comprehensive environmental
assessment that resulted in the issuance of the exploration licence, demonstrating that there were
no significant impacts projected as a result of the proposed work.
"Based on Montana law, the comprehensive environmental assessment and the attorney-general's assertions,"
said Mr. Rosner. "We believe we have a strong case to appeal this order."
About the Lucky Minerals Inc. and the Emigrant project
Lucky Minerals and its subsidiary, Lucky Minerals Montana (LMM), are managing licensed
exploration activities of the Emigrant project, which is located on private property within the historic
Emigrant mining district in southern Montana.
We seek Safe Harbor.
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