ENVIRONMENT: CWA claim alleging pollution of West Fork of Gallatin River by use of sprinklers and snowmakers around ski runs and flushing of golf course irrigation system to discharge treated wastewater barred by consent decree in prior litigation… Morris. [Read more…]
Punitives, evidence of racial motivation, “white v. red”
PUNITIVES: Evidence of alleged racial motivation improperly precluded in punitives phase of trial in which jury awarded Indian $1,000 compensatory damages for assault by white neighbor and $2,000 punitives… remanded for new trial on punitives… Wald reversed. [Read more…]
Environment, wastewater pharmaceuticals, snowmaking
ENVIRONMENT: Challenge to permit for town wastewater for snowmaking fails for lack of information suggesting material aquatic impact from pharmaceuticals… Breuner. [Read more…]
$3,000 verdict, shopping cart pushed into Plaintiff
VERDICT: $3,000, shopping cart pushed into Plaintiff following altercation over Defendant shooting Plaintiff’s dog that was chasing his calf. [Read more…]
CWA, golf course disposal of treated wastewater
CLEAN WATER ACT: Amended complaint naming golf course owner dismissed for failure to sufficiently identify alleged violation to allow for correction following Defense verdict for water & sewer district… Morris. [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…]
Ballot initiative, I-24 “Outstanding Resource Waters”
BALLOT INITIATIVE: Challenge to AG’s determination of legal deficiency of I-24 (designating parts of Madison and Gallatin Rivers “Outstanding Resource Waters”) timely filed within 10 days of SOS’s notice of determination to Proponents… determination of unconstitutional taking of private property erroneous, signature gathering may proceed… order. [Read more…]
Victim standing to contest assault’s sentence
VICTIM STANDING: Assault victim has not established standing to contest assailant’s sentence, mandamus of Bowler denied… order. [Read more…]
Environment, sheep/grizzly ROD
ENVIRONMENT: Sheep/grizzly ROD properly upheld… Christensen affirmed (memorandum). [Read more…]
Environment, preliminary injunction jurisdiction
ENVIRONMENT: Preliminary injunction properly dismissed for lack of jurisdiction… Christensen affirmed (memorandum). [Read more…]