Montana Department of Justice
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In 1983, the State of Montana filed a lawsuit against the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River Basin. The lawsuit, brought under federal and state Superfund laws, sought damages from ARCO, contending that decades of mining and smelting in the Butte and Anaconda areas had greatly harmed natural resources in the basin and deprived Montanans of their use.

In 1989, the Environmental Protection Agency (EPA) filed another lawsuit to establish ARCO’s liability for remedial clean up of the basin. The state has settled its lawsuit through a series of settlement agreements completed in 1999, 2005 and 2008.

1999 Settlement – Montana v. ARCO

The first phase of the lawsuit went to trial in March 1997. The state and ARCO reached a settlement agreement on a large portion of the lawsuit in June 1998. In November 1998, the state, ARCO, federal government and Confederated Salish and Kootenai Tribes reached a second agreement that incorporated the NRD settlement and also a settlement of ARCO’s remedial liability to EPA and the state for cleanup of Silver Bow Creek. The Court approved both settlement agreements in April 1999.

The 1999 settlement called for ARCO to pay the state $230 million ($215 plus $15 million in interest). The payment included:

  • $129 million (including $9 million in interest) for the restoration of natural resources in the Clark Fork Basin. This money was deposited in a special revenue fund known as the Upper Clark Fork River Basin Restoration Fund.
  • $86 million (including $6 million in interest) for the state’s cleanup of the Silver Bow Creek area west and north of Butte in accordance with EPA’s Record of Decision.
  • $15 million to reimburse the state for all of its costs in bringing the lawsuit through December 31, 1997.

As of December 2010, the Governor has approved 121 grants totaling $112million of the 1999 settlement funds.   In May 2012, the Governor approved a Final UCFRB Process Plan , that describes the new process the State will use to develop restoration plans and fund restoration projects in the UCFRB with the estimated $110 million remaining from the 1999 settlement.

2005 Settlement – Milltown Dam

A consent decree involving the state, EPA, ARCO and NorthWestern Corporation was filed in August 2005. The decree addressed the terms and costs of cleaning up the Milltown Dam Reservoir area east of Missoula and restoring the Clark Fork and Blackfoot Rivers at the site.

Under this Consent Decree, the State received approximately $13 million in total value for its natural resource damage claims, including the following:

  • $3.9 million for natural resource restoration from NorthWestern Corporation.
  • NorthWestern’s land (415 acres) and water rights at the site (2,000 cfs), which have an estimated value of about $2.5 million
  • a covenant from the U.S. Department of Interior (DOI) that the State’s restoration of this site will meet Montana’s bull trout obligations to DOI under the Streamside Tailings Consent Decree (value about $1.4 million)
  • implementation by ARCO’s contractor, Envirocon, of the State restoration plan at the site in the remediation project area (value about $5 million)

In addition, under the provisions of this Consent Decree, Montana is adding $7.6 million from the 1999 ARCO settlement for restoration at the Milltown site. For further information on the progress of the cleanup, go to the Milltown Dam page.

2008 Settlement – Montana v. ARCO

In February 2008, the state, EPA and ARCO reached a final settlement totaling $169 million. Of that, $96.5 million goes to DEQ for remediation of the Upper Clark Fork River site and $72.5 million goes to the state to restore the three remaining sites:

  • Butte Area One – $28.1 million
  • Smelter Hill Uplands – $13.2 million
  • Upper Clark Fork River – $26.7 million
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    Attorney General's Office & Legal Services Division

    The Attorney General’s Office, headed by Attorney General Tim Fox, and the Legal Services Division function as the lawyers for the State of Montana. The attorneys in the Office have expertise in a wide range of legal topics and handle a broad range of legal cases involving the State of Montana and its people.

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    Children’s Justice Bureau

    The Children’s Justice Bureau is an agency-wide initiative at the Montana Department of Justice dedicated to IMPROVING how we respond to child victims, DEVELOPING state-of-the-art approaches by keeping up with the newest research and, most importantly, HELPING child victims recover and move on with their lives.

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    Forensic Science Division & State Crime Lab

    The mission of the Montana Forensic Science Division is to use operationally efficient and financially responsible practices as the laboratory provides accurate, objective, and timely forensic analyses to the criminal justice community in order to maximize value to the citizens of Montana.

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    Missing Persons Clearinghouse

    The Missing Children Act of 1985 established a Montana Missing Persons Clearinghouse within the Department of Justice. In March 2008, the department implemented a searchable online database that, for the first time, is updated in real time and includes any photos provided by law enforcement.

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    Office of Victim Services

    The goal of the Office of Victim Services is to provide tools and information to help crime victims recover from their experience and provide them with a range of services available. The criminal justice system can be confusing and intimidating for victims. To assist them as they go through the justice system, the Office of Victim Service is available to answer any questions they may have.

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    Central Services Division

    The Montana Department of Justice’s Central Services Division provides financial and human resources support for the department. We make sure that everything works for the people Working for Justice. If you’re interested in a rewarding career helping protect the rights and safety of all Montanans, we invite you to join our team of over 800 dedicated employees working across the state.

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    Justice Information Technology Services Division

    Our Justice Information Technology Services Division (JITSD) provides vital Information Technology (IT) infrastructure upon which Montanans and local and state law enforcement agencies rely for timely, accurate information. JITSD manages the IT systems, services, and interfaces to support nearly 800 DOJ employees, 325 statewide county motor vehicle system users, and over 3,000 Criminal Justice Information Network (CJIN) users across the state.

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    Division of Criminal Investigation

    The Division of Criminal Investigation (DCI) at the Montana Department of Justice is involved in many aspects of Montana law enforcement and is integral to the Department of Justice’s mission of promoting public safety.

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    Montana Highway Patrol

    Montana is rich in natural beauty and history. From Glacier Park in the west to Makoshika Park in the east, the men and women of the Montana Highway Patrol are working hard to make your travels safe and enjoyable. The Highway Patrol’s core values are “Service, Integrity and Respect.” These values are reflected in our commitment to public safety through diligent and fair enforcement of our traffic codes.

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    Montana Law Enforcement Academy

    The Montana Law Enforcement Academy is the premier law enforcement and public safety educational and training institution for state, county, city and tribal officers throughout the state. The Academy offers entry-level programs referred to as Basic Programs and advanced training through an array of Professional Development Programs.

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    Public Safety Officer Standards & Training

    The Council was formed in 2007 under 2-15-2029, MCA as an independent Quasi-judicial board. And as allowed by statute the Council adopted Administrative Rules in order to implement the provisions of Title 44, chapter 4, part 4, MCA. Per 44-4-403, MCA the Council is required to set employment and training standards for all Public Safety Officers as defined in 44-4-401, MCA and in addition the Council shall provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.

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    Motor Vehicle Division

    The mission of the Motor Vehicle Division (MVD) is to identify and promote efficient, cost-effective programs that benefit the interests, safety, and well-being of Montana citizens through licensing, registering, and regulating the motoring activities of the public. The MVD continuously strives for excellence in customer service. Streamlining the way we do business has allowed us to improve our efficiency and make our services more convenient for our customers.

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    Natural Resource Damage Program

    The Natural Resource Damage Program (NRDP) was created in 1990 to prepare the state’s lawsuit against the Atlantic Richfield Co. (ARCO) for injuries to the natural resources in the Upper Clark Fork River Basin (UCFRB). Decades of mining and mineral processing operations in and around Butte and Anaconda released substantial quantities of hazardous substances into the Upper Clark Fork River Basin between Butte and Milltown. These hazardous substances extensively degraded the area’s natural resources.

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    Office of Consumer Protection

    Enforce consumer laws designed to protect the consumer from unfair or deceptive business practices. Enforce statutes relating to telephone solicitation and telemarketing. Provide information to consumers about the Consumer Protection Act. Assist consumers by distributing consumer education materials including scam and consumer alerts. Investigate false, misleading, or deceptive trade practices.

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    Gambling Control Division

    Through the Gambling Control Division, the Department of Justice regulates all forms of gambling in Montana, except for the Montana Lottery and horse racing. The legislature has charged the division with maintaining a uniform regulatory climate that is fair and free of corrupt influences. The division is also responsible for collecting gambling revenue for state and local governments.

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    Human Trafficking

    The Montana Department of Justice has a continued commitment to victims of human trafficking. In partnership with federal authorities, our agency plays a key role in the investigation, enforcement, and prosecution of crimes related to human trafficking in Montana. This form of modern day slavery does happen here in Big Sky Country.

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    Prescription Drug Abuse Awareness Program

    Montana’s deadliest drugs aren’t made in secret labs and they don’t always come from dealers on the corner. They’re in our own medicine cabinets. Each year, prescription drug abuse contributes to the deaths of more than 300 Montanans — making prescription drug abuse 15 times more deadly than meth, heroin and cocaine combined. Our kids report the third-highest rate of prescription drug abuse in the country and more than half of them say prescription drugs are easier to get than street drugs.

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    Safe in Your Space

    When it comes to embracing new technology, kids have rapidly outpaced their parents and teachers. By their early school years, many children are already more comfortable on the Internet than their parents. But just because children are smart enough to know how to navigate the Internet, doesn’t mean they have the experience to make good decisions about some of the possibilities they may face online.

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    Montana Sexual or Violent Offender Registry

    Created by the Montana Department of Justice in 1989, the Sexual or Violent Offender Registry is a valuable resource for Montanans to protect their families against sexual or violent offenders.

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    Montana 24/7 Sobriety Program

    Drinking and driving has been a chronic – and deadly — problem on Montana’s roadways for decades. In 2008, Montana was ranked as the deadliest state in the nation when it came to per capita DUI-related traffic fatalities.

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    Work for Justice

    Everyday at The Montana Department of Justice, our employees are dedicated to ensuring the well-being and rights of the people of our great state. We’re passionate about what we do because it’s more than a job or a career. It’s about who we are as people. If this sounds like you, your unique experiences, knowledge, and values may be just what the Montana Department of Justice is looking for and needs. In return we can offer a culture that promotes fairness and growth opportunities.

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