SOLID WASTE: City landfill expansion properly granted in wetlands area leading to Yellowstone River over objections from owners of adjacent public park… DEQ/Davies affirmed. [Read more…]
Administrative procedures, decision not to issue rule
ADMINISTRATIVE PROCEDURES: No avenue to challenge discretionary decision not to issue a contemplated rule… Ohman affirmed. [Read more…]
Mining permit, neighbors’ objection to stone quarry
MINING PERMIT: Neighbors’ objection to stone quarry permit properly rejected… Wilson affirmed. [Read more…]
Water bottling plant, permits violated MEPA
WATER BOTTLING PLANT: Residents have standing to challenge permits… permits violated MEPA… remanded to correct deficiencies in EA… Eddy. [Read more…]
Environment, MEPA equitable remedies bar, mine
ENVIRONMENT: §75-1-201(6)(c)/(d) bar of equitable remedies for a MEPA violation properly held violative of constitutional mandate to provide remedies to prevent environmental harms… other rulings on request for mine exploration license in Yellowstone Ecosystem… Gilbert affirmed, reversed. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [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…]