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…]
Private AG fees, DNRC groundwater rules
PRIVATE AG FEES improperly awarded against DNRC because groundwater rule challenge resolved statutorily, not constitutionally… Sherlock reversed. [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]