RIGHT TO KNOW: Successful Art. II §9 Plaintiff entitled to presumption toward attorney fees… Abbott reversed. [Read more…]
Right to know, mining Bad Actor litigation
RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
Necessary party, Board of Environmental Review
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
Wastewater, box store “secondary impacts”
WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]