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Pondera County joins lawsuit challenging EPA decision on Madison Aquifer wastewater disposal

The lawsuit says the exemption would let industrial wastewater go into two unused wells and weaken Safe Drinking Water Act protections.

  • On Monday, Pondera County joined environmental groups in a lawsuit against the Environmental Protection Agency, challenging a May 1 decision allowing Montana Renewables to dump industrial wastewater into two unused wells in the Madison Aquifer.
  • The EPA approved the permits after determining the region is "not a valuable potential source of drinking water," granting an exemption from the Safe Drinking Water Act for 6.6 square miles at the bottom of the wells.
  • Although Montana Renewables promised a wastewater treatment plant two years ago, Pondera County officials report no construction progress, leaving them skeptical about the "industrial wastewater" claims.
  • Petitioners filed the suit in the Ninth Circuit United States Court of Appeals, arguing the EPA used outdated geological models and ignored contamination risks to shallow aquifers during prolonged drought.
  • The Madison Aquifer underlies eight states and provinces, making its protection critical as local agricultural users like Lisa Schmidt depend on the water source for their livelihoods amid ongoing regional drought.
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westernlaw.org broke the news on Monday, June 15, 2026.
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