On Tuesday a federal appeals court in Washington, D.C., upheld the cancellation of the last remaining federal oil and gas lease in Montana’s Badger-Two Medicine region.

The 6,200-acre lease, held by Louisiana-based Solenex LLC, was one of many issued by the federal government in the early 1980s. But after they were issued, the leases were suspended for environmental and cultural review, prompting many leaseholders to voluntarily retire all holdings in the Badger-Two Medicine after noting the area’s natural and cultural values.

However, Solenex filed a lawsuit in 2013 demanding the right to begin drilling in the backcountry and that longstanding suspensions be lifted. In 2016 federal officials responded to demands by Solenex by canceling the company’s holding, stating the lease had been “improperly issued in violation of environmental law and without required tribal consultation.”

Solenex again sued, seeking to overturn that decision. And in September 2018, a federal district court ruled in favor of the company and reinstated the company’s lease. That decision, however, was reversed on Tuesday by the U.S. Court of Appeals for the D.C. Circuit, which restored the cancellation of the Solenex lease.

Earthjustice attorney Tim Preso, who represented the tribal and conservation groups challenging the lease reinstatement, said in a prepared statement, “this ruling rightly rejects Solenex’s effort to resurrect an illegal oil and gas lease that never should have been issued in the first place. The value of the Badger-Two Medicine region is in its wild beauty and irreplaceable cultural significance for the Blackfeet Nation – not in oil and gas.”

In their ruling, judges fully vacated the lower court’s judgment, writing that “the District Court erred when it entered summary judgment in Solenex’s favor,” and noted that the basis for earlier judgment was flawed. A press release described the decision as a historic one that “protects lands and waters sacred to the Blackfeet and critical for wildlife habitat.”

“Blackfeet have lived under a cloud of threat and uncertainty for decades, with the risk of our traditional homelands being industrialized,” said John Murray, Blackfeet Tribal Preservation Officer and leader of the Pikuni Traditionalist Association, which was among the groups opposed to the Solenex lawsuit. “The Badger-Two Medicine is essential to the cultural survival of the Blackfeet. It is our last refuge. The court’s decision today highlights the original error in leasing the Badger and provides great hope that historic mistakes can, at least in part, be corrected.”

The Badger-Two Medicine area is a federally recognized Traditional Cultural District that encompasses more than 165,000 acres along Montana’s Rocky Mountain Front. It is situated adjacent to Glacier National Park, the Bob Marshall Wilderness Complex and Blackfeet Indian Reservation. According to the press release, the area not only serves as an important wildlife corridor, but also is considered sacred by the Blackfeet Nation and is home to many of the tribe’s traditional foods and medicines, as well as many Blackfeet creation stories.

Jack Gladstone, who offered a prepared statement on behalf of the Blackfeet Headwaters Alliance, noted “this ruling finally puts the federal government on the right side of history. The next step is to ensure the long-term future of the Badger-Two Medicine by securing permanent protection.”

Peter Metcalf with Glacier-Two Medicine Alliance also noted the significance of the area extends well beyond tribal communities. The Rocky Mountain Tribal Leaders Council, National Congress of American Indians, Glacier County Commissioners, retired Glacier National Park superintendents and many others all opposed the drilling proposals.

“The Badger-Two Medicine is rich in wildlife including black and grizzly bears, elk, moose, whitetail and mule deer, mountain goats, bighorn sheep. The Solenex lease was tainted from the very beginning, and today’s ruling helps restore our trust in the government to uphold the law and do the right thing,” Metcalf said in a prepared statement. “The way to keep our public lands open and available for traditional uses such as hunting and fishing is by recognizing the best of the best and protecting it for everyone to enjoy.”

Metcalf added that Solenex may seek to continue its court fight over the lease and that further defense against industry lawsuits may still occur.

Over the years, the Blackfeet Nation, conservation partners and federal officials have made several attempts to settle the case with Solenex LLC executives. According to the press release, offers included tax credits, land exchanges, alternative lease areas, cash buyouts and access to tribal oil and gas fields.

However, Solenex officials declined and chose instead to litigate in federal court.

Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com