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…]
$36 million settlement, rail yard contamination
SETTLEMENT: $36 million including $16 million for remediation trust, Livingston rail yard contamination, mid-trial settlement. [Read more…]
Supervisory control, railyard pollution rulings
SUPERVISORY CONTROL denied as to pre-trial rulings by Swandal in railyard pollution suit… order. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
CECRA, abatement plan, RR as “arranger”
CECRA: RR properly not required to comply with ROD abatement plan until approved by Court (ROD challenge was [Read more…]
Riverbeds, dam rentals, $40,956,180 judgment
RIVERBEDS are public trust lands, not school lands… $40,956,180 judgment against PPL for use of riverbeds at Missouri, Madison, Clark Fork hydro sites 2000-07 affirmed… Honzel affirmed, reversed. [Read more…]
Venue, witness convenience, interlocutory appeal
VENUE: Curtis’s transfer from Flathead to L&C under §25-2-201(3) not subject to interlocutory challenge. [Read more…]
Venue, no rationale for change order
VENUE change order by Curtis cannot be reviewed without rationale… order. [Read more…]