Judge Jeffery Sherlock stopped short of revoking the mining permits that he and another district judge had ordered even though environmental reviews weren't conducted.
Sherlock said the process should not move forward until Montana's supreme court weighs in. He also acknowledged that residents near the pits who asked for the permits to be revoked might have a right for more environmental oversight.
At issue are two Belgrade-area gravel pits planned by Cameron Springs LLC and Spanish Peaks Sand & Gravel LLC.
While one state law requires the state Department of Environmental Quality to issue a permit 90 days after an acceptable application is received, another requires the agency to complete an environmental assessment before approval. DEQ officials have said they are understaffed and cannot complete the assessments within 90 days.
So in the spring, Sherlock ordered the DEQ to issue a permit for one of the pits, and another district judge in Helena, Dorothy McCarter, required the department to issue a permit for the other.
Residents near the gravel pits asked Sherlock to reconsider his ruling, given their constitutional rights to a "clean and healthful environment." In May, the Gallatin County Commission adopted an emergency zoning ordinance aimed at regulating the pits.
Lawyers representing both residents and the gravel pit operators reacted positively to Monday's ruling.
"We are pleased that Judge Sherlock, after hearing all the facts and legal arguments, regardless of DEQ's failings, recognized the neighbors have important constitutional rights," said Arthur V. Wittich, a lawyer representing the residents. "We are also pleased he agreed to stay his earlier order to issue permits until the Montana Supreme Court can finally decide the matter."
James Shuler, a lawyer representing the gravel pit developers, said Sherlock's ruling "sustained the arguments we made."
He said his firm is researching what affect the stay will have on the immediate fate of the gravel pits. A lawyer for the DEQ said the agency was still reviewing the ruling.
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