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POMPEYS PILLAR HIST. ASS'N v. MONTANTA DEQ

No. 02-341.

61 P.3d 148 (2002)

2002 MT 352

POMPEYS PILLAR HISTORICAL ASSOCIATION, Petitioner and Appellant, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, and United Harvest, LLC, Respondents and Respondents.

Supreme Court of Montana.

Decided December 30, 2002.

Attorney(s) appearing for the Case

For Appellant: Gerald J. Neely, Attorney at Law, Billings, Montana.

For Respondents: Norman J. Mullen, Special Assistant Attorney General, Helena, Montana (Department of Environmental Quality), J. Daniel Hoven, Sara B. Stanton, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana (United Harvest, LLC).

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 In the summer of 2000, Respondent United Harvest sought to construct a high speed grain loading terminal east of Billings, Montana, near Pompeys Pillar National Monument. United Harvest obtained an air quality permit from Respondent Department of Environmental Quality ("DEQ") to build the facility. Appellant Pompeys Pillar Historical Association ("Association") commenced administrative review proceedings...

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