ENVIRONMENT: DEQ approval of general permit to allow storm water discharges from mine project roads failed to properly consider bull trout impacts in Rock Creek which is of “unique ecological significance,” properly reversed… Seeley affirmed. [Read more…]
Initiative, I-166 explanatory statements
INITIATIVE: Challenge to I-166 explanatory statements rejected… opinion & order.
I-166 would establish Montana policy that corporations are not entitled to constitutional rights and are not persons. It “charges” elected officials to [Read more…]
Oil & gas, gas permits in Cedar Creek Anticline
OIL & GAS: MBOGC permits for 23 gas wells in Cedar Creek Anticline affirmed… evidence outside administrative record properly considered, checklist EAs adequate under MEPA in light of previous extensive impact analyses, programmatic EIS not required… Hegel affirmed. [Read more…]
$241,000 verdict, justifiable force assault
VERDICT: Justifiable force assault of Plaintiffs by Defendants in defense of property (shotgun blasts, disputed spring access), $241,000 to Defendants on IIED/interference with business [Read more…]
Wildlife, Yellowstone grizzly delisting rule
WILDLIFE: Yellowstone grizzly delisting rule properly vacated for lack of support that whitebark pine declines did not [Read more…]
Public road/easement
PUBLIC ROAD/EASEMENT properly resolved in favor of Defendants… Seeley affirmed (IOR I-3(d)). [Read more…]
Zoning, failure to timely act, mootness
ZONING: Commission’s failure to act within statutory time rendered
gravel pit zoning challenge moot, no “capable of repetition” [Read more…]
Environment, Rock Creek, unique ecological
ENVIRONMENT: Rock Creek of unique ecological significance because of
[Read more…]
Highway oversize permits, preliminary injunction
HIGHWAY OVERSIZE PERMITS: Preliminary injunction granted under §§ 27-19-201(1) & (3) (applicant appears entitled to relief, [Read more…]
Subdivision, standing, substantial compliance
SUBDIVISION: Individuals and association have standing to challenge proposed subdivision… approval properly overturned [Read more…]