COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]
Appellate jurisdiction, EIS approval remand to agency
APPELLATE JURISDICTION lacking for appeal of District Court decision remanding approved EIS… order. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
Environment, coal mine expansion’s greenhouse gas
ENVIRONMENT: Interior failed to provide convincing reasons why coal mine expansion’s greenhouse emissions would be insignificant… Molloy affirmed, reversed. [Read more…]
Necessary party, Board of Environmental Review
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
Lakeshore Protection Act, bridge from high-water island
LAKESHORE PROTECTION ACT: Permit for bridge from high-water island to lakeshore improperly granted, bridge properly ordered removed and lakeshore restored… community association had standing to challenge permit but not entitled to fees under private AG or bad faith doctrines… Allison affirmed. [Read more…]
Environment, Kootenai Forest grizzlies
ENVIRONMENT: Kootenai Forest Young Dodge Project complied with ESA and NEPA as to grizzly impacts… Molloy affirmed (unpublished). [Read more…]
SMCRA, prospective coal mine approval
SMCRA: Suit to bar DEQ Director from approving coal mining permit because she assertedly will violate “subsidiary duties” properly dismissed for lack of standing and ripeness because alleged injury not imminent… “firm prediction” not possible… Christensen affirmed. [Read more…]
Sentencing, parole conditions v. recommendations
SENTENCING: Parole conditions should be recommended, not mandatory… statutorily mandated DNA testing, supervision [Read more…]
Venue/prosecutorial conduct, prejudice analysis
VENUE/PROSECUTORIAL CONDUCT: Montana venue analysis for presumed/actual prejudice reconciled with federal, abuse of discretion standard retained… venue change properly denied [Read more…]