Justia Environmental Law Opinion Summaries

The Supreme Court affirmed the district court's summary judgment order affirming a decision by the Montana Department of Environmental Quality (DEQ) to issue a mining permit to Glacier Stone Supply, Inc. and an ensuing order denying the motion to supplement the administrative record filed by Henry and Diane Belk, holding that there was no error.At issue on appeal was whether the district court erred in its interpretation of a Montana Environmental Policy Act (MEPA) provision concerning regulatory impacts on private property rights. The Supreme Court affirmed the district court's judgment, holding that the district court (1) did not err in concluding that the DEQ's analysis of regulatory impacts was sufficient under Mont. Code Ann. 75-1-201(1)(b)(iv)(D); (2) did not err in granting summary judgment to DEQ on its compliance with MEPA; and (3) did not err in denying the Belks' motion to supplement the record. View "Belk v. Montana Department of Environmental Quality" on Justia Law

The Supreme Court affirmed the order of the Water Court that adjudicated the priority dates for certain of its water rights in Basin 40B in Petroleum County, holding that the Water Court did not err.Specifically, the Supreme Court held that the Water Court (1) did not err in concluding that the water rights to much of the irrigated acreage owned by Twin Creeks Farm & Ranch had been abandoned been the initial claimed priority date of 1903 and later irrigation development around 1968; and (2) was correct to grant Twin Creeks an implied claim with a 1968 priority date rather than tying the later irrigated acreage to the original 1903 claim. View "Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation District" on Justia Law

The Supreme Court affirmed the final order and summary judgment order of the Montana Water Court adjudicating eleven United States Bureau of Reclamation (BOR) water rights claims in Basin 41B, holding that there was no error in the proceedings below.The BOR's claims to direct flow from the Beaverhead River and reservoir storage in the Clark Canyon Reservoir were associated with the East Bench Unit Reclamation Project. The East Bench Irrigation District (EBID) and the Clark Canyon Water Supply Company (CCWSC) had contracts with the BOR to deliver water from the project. The Supreme Court affirmed, holding (1) the Water Court's findings of fact regarding the maximum irrigated acreage for the EBID were supported by substantial evidence; (2) the Water Court did not err by not providing specific boundaries or maximum irrigated acreage for the CCWSC place of use on the BOR's Clark Canyon Reservoir storage claim; and (3) the Water Court did not err in removing a curtailment remark from all CCWSC shareholders' private water rights in this action. View "East Bench Irrigation District v. Open A Ranch, Inc." on Justia Law

The Supreme Court affirmed the decision of the district court upholding the Broadwater Conservation District's (BCD) declaratory ruling determining that Montana Gulch is a "stream" subject to the regulatory provisions of The Natural Streambed and Land Preservation Act of 1975, Mont. Code Ann. 75-7-103, holding that there was no error.Specifically, the Supreme Court held (1) the BCD and the district court did not err in determining that Montana Gulch could be classified as a "natural, perennial-flowing stream" under the jurisdiction of the Streambed Act upon a finding that it would have flowed perennially without human activity; (2) the BCD properly examined historical evidence when determining whether Montana Gulch would have flowed perennially in the absence of human activity; (3) the BCD's determination that Montana Gulch was under the Streambed Act's jurisdiction was not arbitrary and capricious; and (4) the BCD and the district court did not err in considering subsurface flows in Montana Gulch. View "Fortner v. Broadwater Conservation District" on Justia Law

The Supreme Court reversed in part and affirmed in part the order of the Montana Water Court reversing the order of the Montana Department of Natural Resources and Conservation (DNRC) denying Daniel and Sandra DeBuff's amended application for a beneficial water use permit, holding that the application satisfied the statutory criteria for a preliminary determination and may move forward to face objections.Specifically, the Supreme Court held (1) DNRC did not improperly relied upon either a geologic map or a 1987 final order in making its determination; (2) the Water Court erred by holding that DNRC's determination that the source aquifer was not discontinuous was clearly erroneous; (3) the Water Court correctly determined that DNRC's failure to consider evapotranspiration evidence provided by DeBuff was arbitrary and capricious; and (4) DNRC's determination that the water was not legally available and would have an adverse effect on senior appropriators was arbitrary and capricious. View "Debuff v. Montana Department of Natural Resources & Conservation" on Justia Law

The Supreme Court reversed the judgment of the district court reversing a Department of Natural Resources and Conservation (DNRC) contested case decision granting RC Resources, Inc. (RCR) a beneficial water use permit under pertinent provisions of the Montana Water Use Act (MWUA) - Mont. Code Ann. 85-2-301(1), -302(1), and -311 - holding that the district court erred.The permit at issue would have authorized RCR to annually appropriate 857 acre-feet of groundwater that will flow into the underground adits and works of the proposed Rock Creek Mine. Based on its construction of Mont. Code Ann. 85-2-311(1)(a)(ii)(B), the district court reversed the issuance of the beneficial use permit. The Supreme Court reversed, holding (1) DNRC correctly concluded that, as used in section 85-2-311(1)(a)(ii), "legal demands" does not include consideration of whether the subject use complies with applicable Montana Water Quality Act nondegradation standards; and (2) section 85-2-311(2) does not violate the right to a clean and healthful environment as applied to the objectors' MWQA nondegradation objections to the proposed MWUA beneficial use permit. View "Clark Fork Coalition v. Montana Department of Natural Resources & Conservation" on Justia Law

The Supreme Court affirmed the order of the Montana Water Court establishing the point of diversion for two claims owned by Carolyn Mack and Chriss Mack, holding that the Water Court did not err or abuse its discretion.Specifically, the Supreme Court held that the Water Court (1) did not err when it concluded that it had jurisdiction over the Macks' amended statement of claim; (2) did not abuse its discretion in concluding that the Macks did not make any judicial admissions in previous litigation; (3) did not err in assigning the burden of proof to Appellants - Glenda, Jimmy, John, and Rowdy Anderson; and (4) did not abuse its discretion in excluding the Andersons' expert witness. Lastly, the Supreme Court held that the Water Court's findings of fact were not clearly erroneous and that there was substantial evidence supporting the Water Court's conclusion establishing the point of diversion for the Macks' claims. View "Mack v. Anderson" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court's ruling granting summary judgment to Park County Environmental Council and Greater Yellowstone Coalition and an order of vacatur of the challenged exploration license in this case, holding that the district court erred in part.Lucky Minerals, Inc. submitted an exploration application seeking authorization to conduct exploration activities within its privately-owned patented mine claim block. The Montana Department of Environmental Quality granted the exploration license. The district court voided Lucky's exploration license, concluding that the 2011 Montana Environmental Policy Act amendments were unconstitutional. The Supreme Court affirmed in part and reversed in part, holding that the district court did not err by vacating the exploration license and finding Mont. Code Ann. 75-1-206(6)(c) and (d) in violation of the Legislature's constitutional mandate to provide remedies adequate to prevent proscribed environmental harms under Mont. Const. Art. II, 3 and IX, 1. View "Park County Environmental Council v. Montana Department of Environmental Quality" on Justia Law

The Supreme Court affirmed the district court's vacatur of the Montana Department of Environmental Quality's (DEQ) 2017 issuance of Montana Pollution Discharge Elimination System (MPDES) permit to Montanore Minerals Corp. (MMC), holding that the DEQ unlawfully relied upon a 1992 order of the Board of Health and Environmental Sciences (BHES) when issuing the 2017 permit.Specifically, the Supreme Court held (1) the district court correctly concluded that the 1992 BHES order expired prior to DEQ issuing the 2017 permit; and (2) because DEQ relied upon an expired BHES order when it issued the 2017 permit, the permit was not validly issued and must be vacated. View "Montana Environmental Information Center v. Montana Department of Environmental Quality" on Justia Law

The Supreme Court affirmed the district court's order denying the petition filed by the City of Bozeman seeking judicial review of a final order of the Department of Natural Resources (DNRC) granting Utility Solutions, LLC's application to change a water right, holding that the court did not err in determining that the City's water facility plan did not qualify as an interest protectable from adverse effects under Mont. Code Ann. 85-2-402(2)(a).Utility Solutions filed its change application for authorization to change the place of use of its water use permit. The City filed an objection, arguing that the application would adversely affect the City's possessory interest in the area that was established by the City's adoption of a growth policy, as expanded geographically by an updated water facility plan. The DNRC hearing examiner granted the change application, concluding that although the change application resulted in a geographic overlap of the place of use with the City's water facility plan, the overlap did not result in an adverse effect within the meaning of section 85-2-402(2)(a). The district court affirmed. The Supreme Court affirmed, holding that the district court did not err in affirming the DNRC's determination that Utility Solutions carried its burden to prove the City did not have an interest protectable from adverse effects. View "City of Bozeman v. Montana Department of Natural Resources & Conservation" on Justia Law