Montana judge rules court has jurisdiction over Hecla CEO
A Montana judge sided with environmental groups in a decision to affirm Montana’s jurisdiction over defendant Phillips S. Baker Jr. in a suit over the long-contested Rock Creek Mine.
(Photo courtesy WOODS WHEATCROFT/FILE)
▶️ Listen to this article now.
A Montana judge sided with environmental groups in a decision to affirm Montana’s jurisdiction over defendant Phillips S. Baker Jr. in a suit over the long-contested Rock Creek Mine.
The decision was based on Baker’s involvement in mining operations with the Hecla Mining Company as the chief executive officer.
The ruling means a “bad actor” law, meant to prohibit mining activities by repeat polluters, will apply to Baker in the case. The operation in question, the Rock Creek Mine, has been protested by environmental activists who say the mine would pollute the Clark Fork River, a major water source for Lake Pend Oreille.
Baker had argued that the court lacked specific jurisdiction over him, as he did not have “sufficient contact” with Montana, and that his primary connection to Montana was limited to previous work with the firm, Pegasus, that did business in the state.
However, Baker’s direction of current mining activities warranted jurisdiction over him, the judge ruled.
“Pegasus is a factual matter which ultimately speaks to whether Baker qualifies as a bad actor under [the Metal Mine Reclamation Act],” wrote district court judge Mike Menahan in the order, “not as a touchstone upon which this court relies to determine whether specific personal jurisdiction attains.”
Under Montana law, a person must meet specific criteria in order to be subject to Montana court jurisdiction.
This includes: the transaction of any business within Montana; the ownership, use, possession of property or interest therein in Montana; contracting to insure any person, property or risk within Montana; entering into contracts for services or materials furnished in Montana; acting as a director, manager, trustee or in a corporation in Montana; or acting as a personal representative for any estate within Montana.
Should the mine be approved, it would employ roughly 300 people and cover around 500 acres.
The project, first proposed in the 1980s, has long been contested by environmental and Native American groups. A judge previously struck down approval for the mine in April of this year.