Justia Environmental Law Opinion Summaries

NorthWestern Corporation and the Montana Department of Environmental Quality (DEQ) appealed a District Court order vacating an air quality permit granted to NorthWestern for a natural-gas-fueled power plant near Laurel, Montana. The District Court found DEQ's analysis under the Montana Environmental Policy Act (MEPA) inadequate regarding the project's lighting impacts and greenhouse gas emissions.The Thirteenth Judicial District Court vacated the permit, ruling that DEQ's noise analysis was not arbitrary or capricious but failed to take a "hard look" at the facility's lighting impacts and greenhouse gas emissions. The court also found that DEQ did not comply with MEPA requirements in its environmental assessment (EA) and remanded the EA to DEQ for further analysis.The Supreme Court of the State of Montana reviewed the case. It affirmed the District Court's ruling that DEQ's noise analysis was adequate but agreed that DEQ failed to properly analyze the lighting impacts. The Supreme Court also held that DEQ must analyze greenhouse gas emissions within Montana as part of its MEPA review, despite the absence of specific regulatory standards for greenhouse gases under the Clean Air Act of Montana.However, the Supreme Court reversed the District Court's vacatur of the permit, citing the need for specific findings under § 75-1-201(6)(c)(ii), MCA, before granting such equitable relief. The case was remanded to DEQ for further MEPA analysis in accordance with the Supreme Court's opinion, with the permit reinstated pending this additional review. View "MEIC v. DEQ" on Justia Law

Tintina Montana, Inc. sought to operate an underground copper mine in Meagher County, Montana, which required the removal of substantial quantities of groundwater. Tintina planned to use part of this water for mining operations and return the rest to the aquifer. Montana Trout Unlimited and other environmental groups (collectively "MTU") challenged the issuance of a water use permit by the Montana Department of Natural Resources and Conservation (DNRC) for the mine's operations, arguing that the removal and discharge of water should be considered a beneficial use requiring a permit under the Montana Water Use Act (MWUA).The Fourteenth Judicial District Court denied MTU's petition for judicial review and affirmed DNRC's decision. The court held that DNRC correctly categorized the removal and discharge of water as neither a beneficial use nor waste, thus falling outside the permitting process of the MWUA. The court also found that DNRC's interpretation of the MWUA did not contravene the Montana Constitution.The Montana Supreme Court reviewed the case and affirmed the lower court's decision. The court held that DNRC's longstanding interpretation of the MWUA, which categorizes mine dewatering as neither a beneficial use nor waste, was reasonable and consistent with legislative intent. The court also concluded that the MWUA's exclusion of mine dewatering from the permitting process did not render the Act unconstitutional, as the primary purpose of the MWUA is to regulate water rights, not the water resource itself. The court noted that other statutory frameworks, such as the Montana Water Quality Act and the Metal Mine Reclamation Act, provide for the regulation of water quality and environmental impacts. View "Trout Unlimited v. DNRC" on Justia Law

A group of 16 youths sued the State of Montana, the Governor, and multiple state agencies, alleging that the State's actions exacerbated the harm they were experiencing from climate change. They sought declaratory and injunctive relief, specifically challenging certain provisions of Montana's State Energy Policy Act and the Montana Environmental Policy Act (MEPA) as unconstitutional. The plaintiffs argued that these provisions violated their constitutional right to a clean and healthful environment by promoting fossil fuel development and prohibiting the consideration of greenhouse gas (GHG) emissions in environmental reviews.The First Judicial District Court found in favor of the plaintiffs, declaring the challenged provisions unconstitutional and enjoining the State from acting in accordance with them. The court concluded that the right to a clean and healthful environment includes a stable climate system and that the MEPA Limitation violated this right. The court also denied the State's motion for psychiatric examinations of the plaintiffs, finding no good cause for such examinations.The Supreme Court of the State of Montana affirmed the District Court's decision. The court held that the right to a clean and healthful environment under the Montana Constitution includes a stable climate system. The court found that the plaintiffs had standing to challenge the MEPA Limitation, as it infringed on their constitutional rights. The court also held that the MEPA Limitation was unconstitutional because it arbitrarily excluded GHG emissions from environmental reviews, thereby violating the plaintiffs' right to a clean and healthful environment. The court affirmed the permanent injunction against the State from acting in accordance with the unconstitutional provisions. View "Held v. State" on Justia Law

In 2021, the Montana Legislature amended the Opencut Mining Act to create "dryland" permits for mining projects that do not affect water sources and are located away from populated areas. LHC, Inc. applied for such a permit for a project near the Clearwater River. The Montana Department of Environmental Quality (DEQ) approved the permit after LHC addressed initial deficiencies. Protect the Clearwater, an environmental group, challenged the permit, arguing it did not meet statutory requirements and that DEQ's environmental assessment was inadequate.The Fourth Judicial District Court granted a preliminary injunction to Protect the Clearwater, halting LHC's mining activities. The court found that Protect the Clearwater was likely to succeed on the merits of its claim that DEQ erred in issuing the dryland permit. The court also determined that Protect the Clearwater would suffer irreparable harm without the injunction, that the balance of equities favored the injunction, and that the injunction was in the public interest. The court's decision was based on Montana's general preliminary injunction statute, rather than the specific provisions of the Montana Environmental Policy Act (MEPA).The Supreme Court of the State of Montana reviewed the case and concluded that the District Court improperly applied the general preliminary injunction statute. The Supreme Court held that Protect the Clearwater should have sought relief under MEPA's exclusive remedy provisions, given that the permit was issued under Title 75 and Title 82. The Supreme Court vacated the District Court's preliminary injunction and remanded the case with instructions to dismiss the application for the injunction. View "Protect the Clearwater v Department of Environmental Quality" on Justia Law

In a case before the Supreme Court of the State of Montana, the Montana Environmental Information Center sued the Montana Department of Public Service Regulation, Public Service Commission, and Northwestern Corporation, also known as Northwestern Energy. The plaintiff contested Northwestern's failure to purchase energy from Community Renewable Energy Project (CREP) resources in 2015 and 2016. Northwestern, which is a public utility, had obtained waivers from the Commission for these obligations. The plaintiff claimed that Northwestern’s waivers were granted erroneously and sought penalties for Northwestern’s non-compliance.The District Court reversed the Commission's decision, concluding that Northwestern hadn't taken all reasonable steps to procure CREP resources for the years in question. The court also assessed a $2,519,800 penalty against Northwestern. On appeal, the Supreme Court of the State of Montana held that the District Court correctly reversed the Commission's waiver for 2015, but made an error in assessing the penalty. The Supreme Court affirmed the decision in part, vacated it in part, and remanded the case to the District Court for further proceedings. The court directed the District Court to remand the case to the Commission to assess the penalty against Northwestern for its non-compliance in 2015 and, if applicable, 2016. View "Montana Environmental Information Center v. Northwestern Energy" on Justia Law

This case involves an appeal by the Montana Department of Environmental Quality (DEQ) and Tintina Montana Incorporated (Tintina) of a district court's order revoking a permit granted to Tintina to construct and operate the Black Butte Copper Mine. The district court revoked the permit on the grounds that the DEQ failed to adhere to two statutory schemes governing the state permitting process: Montana’s Metal Mine Reclamation Act (MMRA) and the Montana Environmental Policy Act (MEPA). The Supreme Court of Montana found that DEQ demonstrated compliance with both laws and accordingly reversed the district court's order and reinstated Tintina's permit.The Supreme Court held that DEQ satisfied MMRA and MEPA in approving Tintina’s proposed cemented tailings facility. The court concluded that DEQ had evaluated the science and made a reasoned decision, supported by substantial evidence, that the surface tailings at the Black Butte Copper Mine would be stable and non-flowable.The court also held that DEQ satisfied MEPA by rationally evaluating the environmental impact of the mine’s total nitrogen discharges into Sheep Creek. After considering relevant data, DEQ articulated a reasoned explanation for its rationale, and its determination was supported by substantial evidence and was not arbitrary, random, or seemingly unmotivated based on the existing record.Furthermore, the court held that DEQ satisfied MEPA when it considered and dismissed alternatives to the proposed action. DEQ had appropriately had its independent consultant take a deeper look when Tintina’s working group emphasized cost considerations in dismissing the depyritization alternatives. ERM identified technical feasibility issues it suggested be considered more carefully, and DEQ’s final review shows that the agency considered those challenges and decided to accept the cemented paste tailings option (with modification) as the preferred action. MTU has not demonstrated that DEQ failed its responsibility under MEPA to consider reasonable alternatives to the proposed action.The case was remanded to the district court to reinstate DEQ’s decision to grant Tintina’s permit. View "Montana Trout Unlimited v. Tintina" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court ruling in favor of the Montana Environmental Information Center and Sierra Club (collectively, Conservation Groups) and vacating the Montana Department of Environmental Quality's (DEQ) permit for Westmoreland Rosebud Mining, LLC's proposed coal mine expansion, holding that the Board of Environmental Review (Board) made several errors when it upheld DEQ's findings.Specifically, the Supreme Court held (1) the district court erred in concluding that reversal of the burden of proof was prejudicial error; (2) the Board committed reversible error in limiting the Conservation Groups' evidence and argument; (3) the district court erred in determining that it was reversible error to admit certain testimony as proper rebuttal; (4) the Board erred when it concluded that no water quality standard violation could occur; (5) the Board properly considered cumulative impact of mining activity in its analysis; (6) the Board properly relied on evidence regarding aquatic life; (7) the attorney fee award was improper; and (8) the district court erred in ruling that the Board was properly included as a party on judicial review. View "Mont. Environmental Information Center v. Westmoreland Rosebud Mining" on Justia Law

The Supreme Court reversed the decision of the district court granting summary judgment to Water for Flathead's Future (WFF) and vacating the Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (DEQ) to Artesian Water Company, holding that the district court erred.In granting summary judgment, the district court determined that the DEQ had erred by (1) submitting responses to the comments from the Environmental Protection Agency (EPA) and the United States Fish and Wildlife Services (WSFWS) that were inadequate, and (2) DEQ's analysis of the permit's environmental impact was inadequate. The Supreme Court reversed, holding (1) this matter has not been mooted; (2) the district court improperly substituted its own judgment for the agency's in concluding that DEQ, in issuing the permit, had failed to give a "hard look" at relevant concerns; (3) the district court erred by holding that DEQ improperly considered only the volume of water that would be discharged under MPDES permit rather than the full volume of water authorized for use under the DNRC's water use permit; and (4) the district court erred by vacating the permit. View "Water for Flathead's Future, Inc. v. Mont. Dep't of Environmental Quality" on Justia Law

The Supreme Court affirmed the order of the district court affirming the decision of the Board of Supervisors of the Gallatin Conservation District (GCD) that a waterway within property owned by Appellant constituted a "natural, perennial-flowing stream" under the Natural Steambed and Land Preservation Act of 1975 (the 310 Law), holding that the district court did not err.Specifically, the Supreme Court held that the district court (1) did not err in concluding that GCD properly exercised its discretion in evaluating the entirety of the record, including historical evidence, when deciding whether the waterway on Appellant's property fell within the conservation district's jurisdiction; and (2) did not erroneously uphold GCD's determination that substantial evidence supported its conclusion that the waterway constituted a natural perennial-flowing stream as set forth in the 310 Law. View "Pfeil Acquisitions LLC v. Gallatin County Conservation District" on Justia Law

The Supreme Court affirmed the order of the water court denying Robert and Carol Hurds' motion to amend the water right for a groundwater well on the grounds that the untimeliness of the motion meant the water court lacked jurisdiction to adjudicate the requested modification, holding that there was no error.In 2017, the Montana legislature established a June 30, 2019 deadline for exempt water rights holders to file a statement of claim. The deadline passed without the Hurds filing a statement of claim for their exempt water right. In 2021, the Hurds filed a motion to amend a statement of claim under Mont. Code Ann. 85-2-233(6). The water court concluded that it had no jurisdiction to modify a statement of claim for the Hurds because they hadn't properly filed a claim to amend. The Supreme Court affirmed, holding that the water court correctly denied the Hurds' motion for lack of jurisdiction. View "In re Hurd" on Justia Law