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JEFFERSON CTY. v. DEPT. OF ENVIR. QUALITY

No. DA 11-0048.

264 P.3d 715 (2011)

2011 MT 265

362 Mont. 311

JEFFERSON COUNTY, a political subdivision of the State of Montana, By and Through its BOARD OF COMMISSIONERS, Petitioner and Appellee, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Montana, Respondent and Appellant, and Northwestern Corp, d/b/a Northwestern Energy, Intervenor and Appellant.

Supreme Court of Montana.

Decided October 27, 2011.

Attorney(s) appearing for the Case

For Appellant: Ed Hayes (argued), John F. North ; Special Assistant Attorneys General; Helena, Montana (attorneys for Department of Environmental Quality), John K. Tabaracci (argued), Robert Erickson ; Sullivan, Tabaracci & Rhoades, P.C.; Missoula, Montana (attorneys for North Western Energy).

For Appellee: Mathew J. Johnson ; Jefferson County Attorney; Boulder, Montana, Peter G. Scott (argued); Gough, Shanahan, Johnson & Waterman, PLLP; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The Montana Department of Environmental Quality (DEQ) and Intervenor NorthWestern Energy (NorthWestern) appeal the Fifth Judicial District Court's judgment in favor of Petitioner Jefferson County. Appellants argue the District Court erred in issuing a writ of mandamus, granting summary judgment to Jefferson County, and enjoining DEQ from releasing a draft environmental impact statement. We reverse the...

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