ENVIRONMENT: Claim that permit for treated sewage for artificial snow for skiing failed to consider impact of pharmaceuticals properly rejected… Breuner affirmed (memorandum). [Read more…]
Mining, Black Butte Copper Mine permit
MINING: Copper mine near Smith River properly permitted by DEQ… Bidegaray reversed. [Read more…]
Wastewater discharge, sewer district defense verdict
WASTEWATER DISCHARGE: Defense verdict in suit against water/sewer district alleging discharge of treated but polluted wastewater into Gallatin River without permit affirmed… dismissal of golf course that irrigates with the wastewater reversed… Morris affirmed, 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…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Indians, electric utility’s winter termination
INDIANS: Cert denied as to 9th Circuit affirming Cavan and Watters that Crow Tribe retains jurisdiction under first Montana exception to regulate electric utility’s winter termination… order. [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…]
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…]
Rural electric service, line extension easement refusal
RURAL ELECTRIC SERVICE: Cooperative and member not required under 1956 and 2008 easements to extend service from member’s ranch buildings to new neighbor a section away… Cavan. [Read more…]
$162,068 sanctions, hospital malpractice PTO
SANCTIONS: $156,651.75 attorney fees, $5,416.47 costs, against defense counsel for untimely PTO response in hospital malpractice case… H. Brown. [Read more…]