Citizens for a Better Flathead (CFBF) frequently point to “so-called” experts it hires to criticize the Lakeside County Water and Sewer District’s (LCWSD) wastewater project.
CFBF’s experts did not conduct their own independent field investigation and did not perform site-specific fieldwork. Their opinions challenged the data, modeling and reports developed by LCWSD experts who based their reports on site-specific data that was independently reviewed by DEQ. There is nothing wrong with questioning a project and hiring experts to review someone else’s work. But criticizing a project without site-specific data is just an opinion and doesn’t prove anything.
In the recently decided Phase 1 lawsuit, CFBF relied on its“so-called” expert reports challenging the methodology and modeling. Judge Danni Coffman, ruling in favor of DEQ, stated that CFBF’s reports did not provide competing models or calculations challenging the actual project data. The court described the dispute as the type of “battle of experts” in which courts must give appropriate deference to an agency’s scientific and technical expertise.
LCWSD has spent years doing the less-publicized work: hiring qualified engineers and hydrogeologic professionals; collecting site-specific data; conducting technical analysis; submitting that work for independent regulatory review by DEQ; responding to public comments and complying with Montana’s environmental and permitting requirements.
CFBF has announced another lawsuit over Phase II. Everyone has the right to challenge a decision in court. But filing lawsuit after lawsuit does not establish that anyone violated the law.
The LCWSD’s actions prove that it will continue doing what they have done throughout this project: follow the law; meet regulatory requirements; and hire qualified experts who prepare reports based on detailed site-specific data.
Jeff H. Larsen, Montana Licensed Professional Engineer
VP of Montana Environmental Consultant Association