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N. CHEYENNE TRIBE v. DEPT. OF ENVTL QUALITY

No. DA 09-0131.

234 P.3d 51 (2010)

2010 MT 111

356 Mont. 296

NORTHERN CHEYENNE TRIBE, a federally recognized Indian tribe, Tongue River Water Users' Association, and Northern Plains Resource Council, Inc., Plaintiff-Intervenor and Appellants, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY; Richard Opper, in his official capacity as Director of the Montana Department of Environmental Quality; and Fidelity Exploration & Production Company, Defendants and Appellees.

Supreme Court of Montana.

Submitted January 14, 2010.

Decided May 18, 2010.

Attorney(s) appearing for the Case

For Appellants: Brenda Lindlief-Hall, Reynolds, Motl and Sherwood, PLLP, Helena, Montana (Tongue River), Jack R. Tuholske (argued), Tuholske Law Office, Missoula, Montana (Northern Plains), James L. Vogel, Vogel & Wald, PLLC, Hardin, Montana (Northern Cheyenne), John B. Arum and Brian C. Gruber (argued), Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington (Northern Cheyenne).

For Appellees: Claudia L. Massman (argued), Special Assistant Attorney General, Helena, Montana (DEQ), Jon Metropoulos (argued) and Dana L. Hupp, Gough, Shanahan, Johnson & Waterman, PLLP, Helena, Montana (Fidelity).

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Northern Cheyenne Tribe (Tribe), a federally recognized Indian tribe, Tongue River Water Users' Association (TRWUA), and Northern Plains Resource Council, Inc. (NPRC) (collectively Appellants), appeal the order of the Twenty-Second Judicial District Court, Big Horn County, granting summary judgment to the Montana Department of Environmental Quality (DEQ), Richard Opper, Director of DEQ, and Fidelity...

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