INITIATIVE: CI-132’s proposed ballot statement — “CI-132 amends the Montana Constitution to require that judicial elections remain nonpartisan” — accepted over AG’s revision… Opinion & Order. [Read more…]
Initiative, BI-4 “artificial persons”
INITIATIVE: AG’s rejection of BI-4 “artificial persons” for violation of separate vote affirmed… Opinion & Order. [Read more…]
Waste disposal, constitutional challenge
WASTE DISPOSAL: As-applied challenge to licensing regulations properly denied for lack of standing… facial challenge improperly denied… Eddy affirmed, reversed. [Read more…]
Initiative, CI-131 ballot statement
INITIATIVE: AG improperly revised CI-131 proponent’s ballot statement… Opinion & Order. [Read more…]
Air quality permit, natural gas power plant
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…]
Environment, clean & healthful = stable climate system
ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Initiative, local initiative regulating plastics
INITIATIVE: Constitution’s limit of local self-government powers also limits local initiative power… law precluding local initiative from regulating plastic containers not unconstitutional… McMahon reversed. [Read more…]
Gender dysphoria, SB 99 preliminary injunction
GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Abortion, HB 575, HB 721, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 575 and HB 721 affirmed… Menahan affirmed. [Read more…]
Abortion, HB 544, HB 862, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]