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CITIZENS AWARENESS NETWORK v. BER

No. DA 09-0070.

227 P.3d 583 (2010)

2010 MT 10

355 Mont. 60

CITIZENS AWARENESS NETWORK, Women's Voices for the Environment, and Clark Fork Coalition, Petitioners and Appellants, v. MONTANA BOARD OF ENVIRONMENTAL REVIEW, Respondent and Appellees, and Montana Department of Environmental Quality and The Thompson River Co-Gen, LLC, Respondent-Intervenors and Appellees.

Supreme Court of Montana.

Decided January 26, 2010.

Attorney(s) appearing for the Case

For Appellants: Matthew O. Clifford, Attorney at Law; San Francisco, California.

For Appellees: David M. Rusoff, Attorney at Law; Helena, Montana, (Department of Environmental Quality); Michael J. Uda, Susanne F. Bessette; Doney Crowley Bloomquist Payne Uda, P.C.; Helena, Montana (Thompson River Power).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Citizens Awareness Network, Women's Voices for the Environment, and Clark Fork Coalition (collectively, "Conservation Groups") appeal the order of the District Court for the Twentieth Judicial District, Sanders County, denying their motion for summary judgment and upholding the decision of the Montana Board of Environmental Review (BER) that denied the Conservation Groups' motion for leave to...

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