Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

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The Supreme Court affirmed the order of the district court denying summary judgment for Upper Missouri Waterkeeper, granting the cross-motions for summary judgment of Montana Department of Environmental Quality (DEQ) and the City of Billings, and affirming DEQ's decision to issue a Montana Pollutant Discharge Elimination System permit (the General Permit), holding that the DEQ's decisions in issuing the General Permit were not unlawful, arbitrary, or capricious. Specifically, the Count held (1) the General Permit complied with public participation requirements; (2) the DEQ's decision to incorporate construction and post-construction storm water pollution controls into the General Permit was not unlawful, arbitrary, or capricious; (3) the DEQ's decision incorporating Total Maximum Daily Loads into the General Permit was not unlawful, arbitrary, or capricious; and (4) DEQ's decision to incorporate pollution monitoring requirements into the General Permit was not unlawful, arbitrary, or capricious. View "Upper Missouri Waterkeeper v. Montana Department of Environmental Quality" on Justia Law