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PENNACO ENERGY, INC. v. BD. OF ENVIRONMENTAL REV.

No. DA 07-0755.

199 P.3d 191 (2008)

2008 MT 425

347 Mont. 415

PENNACO ENERGY, INC., Marathon Oil Company, St. Mary's Land & Exploration Company, and Yates Petroleum Corporation, Plaintiffs and Appellants, v. MONTANA BOARD OF ENVIRONMENTAL REVIEW, Montana Department of Environmental Quality, Northern Plains Resource Council, and Tongue River Water Users' Association, Defendants and Appellees.

Supreme Court of Montana.

Decided December 16, 2008.

Attorney(s) appearing for the Case

For Appellants: Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, Montana, L.B. Cozzens, Cozzens Law Office, Billings, Montana, John C. Martin, Duane A. Siler, Michele L. Walter, Patton Boggs, LLP, Washington, D.C.

For Appellees Montana Board of Environmental Review and Montana Department of Environmental Quality: Hon. Mike McGrath, Montana Attorney General, Jennifer Anders, Sarah A. Bond, Assistant Attorneys General, Claudia Massman, Department of Environmental Quality, Helena, Montana.

For Appellee Northern Plains Resource Council: Jack R. Tuholske, Tuholske Law Office, P.C., Missoula, Montana.

For Appellee Tongue River Water Users Association: Brenda Lindlief Hall, Reynolds Motl & Sherwood, PLLP, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The Plaintiffs and Appellants in this matter are Pennaco Energy, Marathon Oil, Nance Petroleum and Yates Petroleum (collectively Pennaco). The Defendants and Appellees are Montana Board of Environmental Review (BER or the Board) and Montana Department of Environmental Quality (DEQ). Defendant Intervenors are Northern Plains Resource Council (NPRC) and Tongue River Water Users' Association (TRWUA...

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