Planned oil pipeline through Montana draws challenge

DEQ gave Bridger Pipeline permission to leave out financial and route data for the project on Feb. 24.  

In the weeks prior to that waiver being issued, no public notice or hearing was given. 

That violates established state law, Earthjustice attorney Lars Phillips alleged.

“The law requires the disclosure of information to the public — information that is incredibly important for evaluating the potential impacts of the pipeline on Montana’s environment and people,” said Derf Johnson, one of the Montana citizens challenging the waiver and deputy director of the Montana Environmental Information Center. “It’s incredibly alarming that DEQ has allowed this Wyoming corporation to bypass the law through a waiver, but didn’t follow the steps in place to assure that such a waiver was appropriate and legal.” 

A DEQ spokesperson declined to comment for this article, stating the agency doesn’t comment on ongoing litigation. 

The waiver helped Bridger Pipeline expedite the permitting process as it looks to complete the pipeline by late 2028 to early 2029, which would be right around the end of the Trump administration. Construction is estimated to begin in July 2027, according to past reporting by the Montana State News Bureau. 

The Bridger Pipeline expansion is something of a successor to the planned Keystone Pipeline, which was proposed to be built on a similar path through a portion of Montana. Keystone ultimately faltered after significant protests and a change in federal administrations. Citing environmental concerns around the high-polluting tar sands, President Joe Biden revoked a cross-border permit for Keystone that President Donald Trump issued during his first term.

Trump issued a similar cross-border permit for the planned Bridger Pipeline in April.

Earthjustice said in a press release that by issuing a waiver, DEQ “appears to be putting its finger on the scales in favor of industry.”

The environmental law firm said that DEQ attested to the need for analysis of alternative routes, but still allowed for the omission of certain data without a public hearing. 

“Allowing public comments and hearings would require acknowledging the devastating environmental harm that tar sands oil pipelines can cause,” Phillips said. “We are deeply concerned by DEQ’s decision to allow Bridger to omit critical information that the agency itself admits is relevant. If DEQ does not act quickly to reverse course, we will see them in Court.” 

As currently proposed, the pipeline will cost Bridger nearly $2 billion in Montana alone. When complete, it will be capable of providing 1.13 million barrels per day – more than the Keystone Pipeline was planned to provide – though it is expected to carry about 550,000 barrels daily based on market conditions, according to past documents submitted by the Wyoming-based company. 

Bill Salvin, spokesperson for Bridger Pipeline, disagreed they have purposefully withheld information or are trying to avoid public review.

Elements of the company’s application are still being updated as they evaluate the pipeline’s planned route, he said.

“We are working closely all the time with the agency, and we are continuing to provide them information as the review moves forward,” Salvin told the Billings Gazette. “The important thing to understand is that the siting process allows us to update the application as it's under consideration. This is a 650-mile plus pipeline. You learn things as you go through this process, and you update information. So, this is a very common way to approach these types of regulatory requirements.” 

He said surveyors have been out analyzing where the pipeline is planned to go, as the proposed route couldn’t immediately account for the terrain of some areas. In Montana, 100% of the landowners on the proposed route have agreed to survey-access agreements. 

“We have followed all of the application requirements, and our main focus is on making sure that we are doing this project in the right way," Salvin said. "This is part of that process.”

Further, he said it was his understanding that the company isn’t obligated to provide financial data seemingly exempted by the waiver, though the spokesperson noted he could have been mistaken.

According to the waiver, Bridger Permitting Manager Sara Bohl wrote that "much of that (financial) information is proprietary and should be protected from general public consumption." The waiver also noted a desire to eliminate another usual requirement: a detailed study of three alternative routes. Though initial siting documents showed two other routes were considered, Bridger argued such a study would be wasteful of company and agency time.

"Representatives from Bridger would welcome an opportunity to discuss these requests in greater detail, but we do wish to reach a conclusion as quickly as possible to ensure that the intended project timelines can be maintained," Bohl wrote.

Since a presidential permit was issued on April 30 and the conclusion of the public comment period in Montana, more information has been revealed on the pipeline’s entire route. The pipeline will start in Hardesty, Alberta, pass through Eastern Montana, travel through to Guernsey, Wyo., and end at an oil hub in Cushing, Ok., Reuters reported.

In addition to Bridger, the pipeline from Guernsey to Cushing will be built partially by South Bow, which spun off from Keystone developer TC Energy in 2024. The current project will use about 93 miles of dormant Keystone assets from Canada leading into Montana. The starting points and end points for the project have previously been unclear for months. 

Salvin confirmed the route to the Gazette Monday.

“Bridger and South Bow project teams are currently working on the details of the project, and more information is expected to be available this summer,” Salvin stated. “Our first priority is to speak with and engage landowners and communities along the proposed route.” 

Wade Sikorski, the other resident signing onto a challenge of the waiver, lives near the pipeline's proposed route in Fallon County, Montana, at his ranch. He also expressed opposition to the oil pipeline.

“Reality is real, and so is the climate crisis,” Sikorski said. “We simply cannot afford to ignore the very real consequences that fossil fuel projects like the Bridger pipeline could have on farms and ranches. As an aging farmer, I have witnessed how our changing climate threatens our food supply through heat waves, droughts, and extreme weather events. We must shift to renewable energy for the well-being of everyone’s children.”

The Montana citizens who challenged the waiver asked the agency to completely rescind it. They requested a response from DEQ by July 17.