ENDANGERED SPECIES: FWS properly analyzed effects of Helena-Lewis & Clark Forest’s 2021 Land Resource Management Plan on grizzlies… Molloy affirmed (memorandum). [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…]
Intervenor standing, lynx trapping settlement
INTERVENOR STANDING lacking in appeal of order by Christensen approving lynx trapping settlement. [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…]
Environment, Flathead Forest logging
ENVIRONMENT: Preliminary injunctions as to Flathead Forest logging properly denied… Christensen affirmed. [Read more…]
Environment, Missouri Breaks resource plan
ENVIRONMENT: Summary judgment for BLM on Missouri Breaks Resource Management Plan affirmed, reversed… Haddon affirmed, reversed. [Read more…]
Environment, remand instructions
ENVIRONMENT: FS was ordered on remand to prepare a “supplemental environmental assessment” consistent with the order and law, instead prepared a “supplement to the [Read more…]
Environment, forest travel plan
ENVIRONMENT: 2007 L&C Forest Travel Plan conforms to MWSA and NEPA… Haddon reversed. [Read more…]
Zoning, failure to timely act, mootness
ZONING: Commission’s failure to act within statutory time rendered
gravel pit zoning challenge moot, no “capable of repetition” [Read more…]