STSL Appeals Court Ruling on Toxic Landfill, Case Heads to Montana Supreme Court
- stoptheshepherdlan
- Oct 11
- 3 min read
FOR IMMEDIATE RELEASE
October 4, 2025
Community Appeals Toxic Landfill Decision in Shepherd, Montana
Shepherd, Montana –On September 9, 2025, "Stop the Shepherd Landfill," represented by
Cottonwood Environmental Law Center, officially appealed the Court's decision that upheld the
Montana Department of Environmental Quality’s (DEQ) permit issuance for Pacific Steel's toxic
landfill. This appeal directly responds to the Court's July 9, 2025 decision, which concluded the
case and stated that no further information or analysis was required from the DEQ regarding the
ASR landfill. The appeal filed by Stop the Shepherd Landfill, reflects widespread concerns about
the environmental, health, and quality-of-life impacts of this landfill.
On June 11, 2024, the DEQ approved Pacific Steel and Recycling’s license to build a private
landfill in Shepherd, Montana. The landfill is designed to dispose of Automobile Shredder
Residue (ASR) – waste from shredded cars that contains a toxic “forever chemicals” called
PFAS. The DEQ’s own documents describe landfills as a “major source of PFAS” pollution.
These chemicals do not break down in the environment and have been linked to cancer and
other long-term health harms. This would be the first landfill of its kind in the country.
Just days later, on June 20, 2024, Stop the Shepherd Landfill (STSL) filed a complaint in
Yellowstone County District Court. The group asked the Court to vacate the license and halt
construction and operation of the landfill until DEQ thoroughly revised its Environmental
Assessment to disclose all environmental impacts. The Court denied that request, and while the
case was under review, Pacific Steel moved ahead. By spring 2025 the landfill was finished and
began operating. Pacific Steel plans to dump up to 25,000 tons of ASR each year for the next
122 years, bringing in waste from its shredder in Lockwood and other facilities across the
country. Stop the Shepherd Landfill continues to fight to prevent irreparable harm to the
community and environment from Pacific Steel’s toxic ASR landfill.
Reasons for the original complaint by Stop the Shepherd Landfill:
▪ Contradictory ASR Information: The DEQ's final Environmental Assessment states ASR
may be toxic and Pacific Steel's brief states ASR is not toxic.
▪ Failure to Protect: The DEQ violated the Montana Environmental Policy Act and the
Montana Constitution by failing to take a hard look at the impacts of the toxic landfill.
▪ PFAS Risks Ignored: The DEQ’s Environmental Assessment did not conduct a PFASspecific analysis of dust or leachate pathways or adopt any level of enforceable PFAS
controls. DEQ’s own website lists landfills as a major source of PFAS. The DEQ refused
to allow this information to be included in the Environmental Assessment or the
administrative record for the court.
▪ Weak Safeguards: The DEQ did not sufficiently evaluate measures to reduce the
landfill's impact.
▪ DEQ issued a Finding of No Significant Impact (FONSI), which allowed them to skip an
Environmental Impact Statement (EIS). An EIS is critical for a toxic landfill.
▪ Insufficient Monitoring: PFAS lasts forever, but the DEQ only requires 30 years of postclosure monitoring.
“We are asking the court to vacate the license…because the DEQ failed to take the necessary
hard look at its environmental impacts,” said attorney John Meyer of Cottonwood Environmental
Law Center.
The Court ruled in favor of Pacific Steel and the DEQ, even though community members raised
serious concerns about health risks. The ruling meant that DEQ no longer had to study or
disclose the landfill’s potential impact on people and the environment. In response, Stop the
Shepherd Landfill filed an appeal.
What is Automobile Shredder Residue (ASR)?
“ASR is generated from separating recyclable scrap parts during shredding of automobiles. It is
mainly composted of plastics and trace metal and other waste that could not be separated,”
according to DEQ’s final Environmental Assessment.
About Stop the Shepherd Landfill
Stop the Shepherd Landfill is a grassroots community movement exposing Pacific Steel’s
reckless pursuit of profit at the expense of public health. Represented by Cottonwood
Environmental Law Center and attorney John Meyer, the group demands that the safety of
Montana’s people, land and water take priority over a toxic landfill that threatens generations
with dangerous “forever chemicals”. Stop the Shepherd Landfill refuses to let Montana be the
nation’s dumping group simply because it has some of the weakest environmental protections in
the country. Stop the Shepherd Landfill’s message is clear: Protect health, not profits.
Media Contact:
Anellise Deters and Jordan Ferguson
Comments