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CLARK FORK COALITION v. DEPT. OF ENV. QUAL.

No. DA 06-0774.

197 P.3d 482 (2008)

2008 MT 407

347 Mont. 197

CLARK FORK COALITION, Rock Creek Alliance, Inc., Cabinet Resource Group, Inc., Montana Environmental Information Center, Inc., and Trout Unlimited, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant and Appellee.

Supreme Court of Montana.

Decided December 4, 2008.

Attorney(s) appearing for the Case

For Appellants: Jack R. Tuholske (argued), Attorney at Law, Missoula, Montana, Matt Clifford (argued), Attorney at Law, Missoula, Montana, David K.W. Wilson, Jr., Attorney at Law, Helena, Montana.

For Appellee: Claudia L. Massman (argued), Special Assistant Attorney General, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 In 2001, the Montana Department of Environmental Quality (DEQ) issued a Montana Pollution Discharge Elimination System (MPDES) permit to Revett Silver Company authorizing Revett to discharge water into the Clark Fork River from its proposed mine, the Rock Creek Mine. The Appellants, four organizations with interests in protecting the Clark Fork River (collectively...

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