Shepherd protest group appeals court’s landfill decision, seeking further environmental an
October 11, 2025
SHEPHERD — Shepherd residents are continuing to fight against the addition of a landfill in their community.
Learn why Stop the Shepherd Landfill appealed the court’s decision in the video below:
The local protest group, Stop the Shepherd Landfill, has been engaged in litigation for more than a year against the Montana Department of Environmental Quality (DEQ).
Last June, the DEQ granted Pacific Steel & Recycling the approval to build a private landfill near the intersection between Shepherd Acton Road and Highway 87, seven miles north of Billings.
A few weeks later, on June 20, 2024, Stop the Shepherd Landfill filed a complaint against the DEQ to the Yellowstone County District Court, asking that the court revoke Pacific Steel & Recycling’s license and prevent the landfill from opening.
That request was eventually denied, and the landfill began operations this spring, according to Mary Green, a communications director with Pacific Steel & Recycling.
See MTN’s previous reporting on the case:
Protest group files suit against Montana DEQ for “unconstitutional” landfill
Shepherd residents disappointed that judge postpones landfill ruling
After several months, there’s an update to the case. In September of this year, Stop the Shepherd Landfill, represented by Cottonwood Environmental Law Center, appealed the Yellowstone County District Court’s prior decision. The case is now headed to the Montana Supreme Court.
“While we respect the court’s decision, we highly disagree with it in many different ways,” said Anellise Deters, the founder of Stop the Shepherd Landfill. “Even though the court denied our motion, our fight is not over. Our community is uniting and we are moving forward.”
Since the group began in 2023, over 300 residents have joined the cause.
According to Deters, Stop the Shepherd Landfill’s main concern is the “irreparable harm to the community and the environment” that the landfill poses. Deters said this is because the landfill is a dumping ground for 25,000 tons of automobile shredder residue (ASR), which is shredded at a different Pacific Steel & Recycling plant. The main concern about the ASR, Deters said, is because of per-and-polyfluoroalkyl substances, or PFAS.
“It can cause cancer, reproductive harm, preterm labor… cardiovascular issues,” Deters said Thursday.
In the case, Stop the Shepherd Landfill v. Montana Department of Environmental Quality, John Meyer, the plaintiff’s representative states that the DEQ violated the Montana Constitution by not completing an environmental impact statement (EIS), which takes a comprehensive look at a project’s overall impacts to the environment. Instead, the DEQ only completed an environmental assessment before granting Pacific Steel and Recycling permission to begin opening the landfill. According to Deters, an environmental assessment isn’t as in-depth as an EIS.
“We have a right in the Montana Constitution for a healthful environment,” said Deters. “We want the final answer and the final investigation.”
Regardless of the group’s effort, the landfill’s operations began this spring.
MTN reached out to Pacific Steel & Recycling for comment about the ongoing litigation. Mary Green, a communications coordinator sent MTN a statement saying that the company agrees with DEQ’s permission:
Pacific Steel and Recycling is pleased to say the repository has been operating for six months. The facility is permitted by the state of Montana. Operations must follow all applicable laws and regulations.
As for legal matters, we respect the judicial process and know the permit was granted based upon sound science.
Pacific Steel and Recycling will continue to operate the repository following laws and regulations and in a manner that shows respect and protection for the community and the environment.-Mary Green, Communications coordinator, PS&R
MTN also reached out to the DEQ for comment, but as of deadline Saturday, that request has been unanswered.
The opening appeal brief takes effect at the end of the month, and afterward, the DEQ will have 30 days for a rebuttal, according to Deters. Until then, the landfill will continue operations, and Stop the Shepherd Landfill will continue fighting the cause.
“We are fighting. Not just for Shepherd, but we’re fighting to protect health, not profits,” Deters said.
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