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…]
Mining, Black Butte Copper Mine permit
MINING: Copper mine near Smith River properly permitted by DEQ… Bidegaray 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…]
Judge substitution upon reversal of summary judgment
JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
Road easement, county v. private
ROAD EASEMENT: Road properly found to be private due to lack of public road by petition or prescriptive easement… Gilbert affirmed. [Read more…]
Environment, mine discharges permit
ENVIRONMENT: Expired 1992 BHES order erroneously relied on in 2017 renewal of mine discharges permit… Seeley affirmed. [Read more…]
Restoration damages, landowners’ smelter contamination
RESTORATION DAMAGES: Landowners affected by smelter contamination are “potentially responsible parties” under CERCLA, need EPA approval to take independent remedial action… Montana Supreme Court affirmed as to jurisdiction, reversed on the merits. [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…]
Storm sewer discharge, general municipal permit
STORM SEWER DISCHARGE: General municipal permit properly issued… R. McElyea affirmed. [Read more…]
Discovery, bad faith following $1.7 million FELA verdict
DISCOVERY: Supervisory control of Bidegaray denied on liability/causation sanctions default in bad faith case following $1.7 million FELA verdict… Court declines to revisit FELA preemption issue… order. [Read more…]