Prosecuting Clean Water Act violations in Big Sky, Montana.
Cottonwood v. Big Sky Water & Sewer District & Boyne USA
Cottonwood filed a Clean Water Act lawsuit against the Big Sky Water and Sewer District and Boyne USA, Inc. (Big Sky Resort) in 2020. The lawsuit alleges the treated sewage lagoons are leaking and the golf course is being over irrigated with the treated sewage. Cottonwood placed dye in the Big Sky sewage lagoons and the Sewer District’s expert found the dye being discharged from a pipe into the river, which confirms that the sewage holding ponds are leaking. Dye was also found being discharged from a drain on the golf course into a tributary of the Gallatin River, which means the golf course is being over irrigated. The Ninth Circuit Court of Appeals has ruled the Sewer District did not violate the Clean Water Act. The U.S. EPA is investigating whether the Sewer District lied to the jury about the volume of treated sewage that is being discharged out of its pipe into the West Fork of the Gallatin River. The Ninth Circuit has determined Cottonwood can move forward with its Clean Water Act lawsuit against Big Sky Resort.
A representative for the Montana Department of Environmental Quality testified that the Sewer District must repair torn liners. The Sewer District has refused to repair the liners. A district court has ruled Cottonwood can moved forward with its lawsuit against the Montana DEQ for failing to investigate the volume of treated sewage leaking out of the Sewer District’s holding ponds into the Gallatin River.
A moratorium has previously been placed on building in Big Sky because of the leaking sewer ponds. Cottonwood seeks to stop construction in Big Sky to protect the Gallatin River.