AIR QUALITY PERMIT: DEQ did not conduct adequate environmental review of natural gas power plant before issuing permit, should have considered greenhouse gas, analysis of lighting impacts deficient, but rather than vacatur of permit remanded for further evaluation of environmental impacts… Moses affirmed, reversed. [Read more…]
Opencut mining, preliminary injunction
OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
Mining, Black Butte Copper Mine permit
MINING: Copper mine near Smith River properly permitted by DEQ… Bidegaray reversed. [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…]
Political practices, “de minimis” travel expenses
POLITICAL PRACTICES: 2 retirees who gave “hobbyist” presentations regarding voting records of Republican legislators improperly held violative of registration and reporting requirements rather than being exempted under unconstitutionally vague “de minimis acts” exception for travel expenses… Mangan/Christensen reversed (2-1). [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…]
Assault on officer, broken BB gun not “weapon”
ASSAULT ON OFFICER: Broken BB gun pointed at officer was not a “weapon” capable of producing death or serious injury… conviction reversed… Best reversed. [Read more…]
DUI, Texas DWI listed in NCIC as “convicted”
DUI: Texas DWI listed in NCIC record as “convicted” competent for felony enhancement despite no information about a sentence or judgment… R. McElyea affirmed. [Read more…]
PSC, garbage collection ex parte communications
PSC: Writ of prohibition properly issued barring PSC from propounding discovery requests in garbage collection case following ex parte communications between staff attorney and counsel for opponents, but writ of mandate improperly issued removing entire PSC from case and ordering independent hearing examiner… Reynolds affirmed, reversed. [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]