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Hill blasts suit over unnecessary Corps permits Montana congressman jumps on 'property rights' issue By JOE KOLMAN Gazette Bozeman Bureau BOZEMAN - Rep. Rick Hill on Friday denounced a lawsuit filed by six environmental groups over continued bank stabilization projects along the Yellowstone River. The legal action filed Thursday aims to stop the U.S. Army Corps of Engineers from issuing permits for dikes, levees and rip rap projects. It also demands that the agency conduct a cumulative study of all such stabilization projects and how they affect the river and nearby habitat. In a press release, Hill said the lawsuit violates the right of landowners to protect their property. He blasted the environmentalists for "trying to tear down months of cooperative work between landowners, the state and the Army Corps." The lawsuit does nothing of the kind, said Steve Mashuda, an attorney for the Earthjustice Legal Defense Fund, representing the groups. The groups support the work of the Upper Yellowstone River Task Force, which is studying the portion of the river between Gardiner and Springdale, Mashuda said. But the lawsuit asks that the Corps be commanded to study the entire 670 miles of river that runs through Montana. As for private property rights, Mashuda noted that the suit only asks that the Corps be stopped from issuing permits for project that are not needed to prevent imminent human injury or severe damage to existing structures. "We're not going after private property owners or private property rights. We're going after the Corps," Mashuda said. "It's not the landowner's fault that the Corps hasn't done its job." Jon Catton of the Greater Yellowstone Coalition said Hill should consider the private property rights of those who live downstream from bank stabilization projects, which they contend increases the speed of the river and increases erosion on downstream banks. Katie Schenk, chief of the Corps regulatory branch in Omaha, Neb., said Friday that the agency will continue to work with the task force on the upper Yellowstone and may consider doing a study of the entire river. Corps officials are scheduled discuss such a proposal on June 17 in Helena with leaders of the state departments of Environmental Quality, Natural Resources and Conservation and Fish, Wildlife and Parks. Hill was the only member of the state's congressional delegation to take a stand on the lawsuit Friday. Representatives for Sen. Conrad Burns could not be reached for comment. A spokesman for Sen. Max Baucus declined to comment on the suit, but said Baucus has been pushing a measure through Congress that would fund a study of the hydrologic, biological and socioeconomic aspects of the river. In addition to his other criticisms, Hill said the lawsuit does not take into consideration the "environmental precautions" that some landowners have taken to protect critical fish spawning streams along the river. Some of the most well-known spawning streams are in the Livingston area. Owners there of several popular spring creeks, where fisherman pay to cast a fly, in past years have gone through great expense to protect the spawning creeks from spring floods. One of those creeks is owned by the O'Hair family. Todd O'Hair is a legislative assistant for Hill in Washington and hosted a fund raiser for the Republican congressman last year at the ranch south of Livingston. His uncle, Jerry O'Hair, is a member of the Governor's Upper Yellowstone River Task Force. Hill's press release has nothing to do with the O'Hair family's interests, said Hill spokesman Andy Hallmark. The statement was affirmed by Todd O'Hair, who works on small business and agriculture issues. "I know that it looks funny," Todd O'Hair said. "But Rick has been on this issue since we ran into problems with the Army Corps of Engineers years ago. "I would like to think I have that kind of power, but I don't."
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