MONTANA WILDLIFE v. BD. OF OIL & GAS

No. DA 11-0537.

280 P.3d 877 (2012)

2012 MT 128

MONTANA WILDLIFE FEDERATION, National Wildlife Federation, Plaintiffs and Appellants, v. MONTANA BOARD OF OIL & GAS CONSERVATION, Defendant and Appellee, and Fidelity Exploration & Production Company, Defendant-Intervenor and Appellee, and Montana Petroleum Association, Defendant-Intervenor and Appellee.

Supreme Court of Montana.

Submitted April 11, 2012.

Decided June 19, 2012.


Attorney(s) appearing for the Case

For Appellants: David K.W. Wilson, Jr. (argued); Morrison, Motl, and Sherwood, PLLP; Helena, Montana.

For Appellee: Norman C. Peterson (argued), Agency Legal Services; Helena, Montana (Montana Board of Oil & Gas Conservation), Dana L. Hupp (argued), Gough, Shanahan, Johnson, & Waterman, PLLP; Helena, Montana (Fidelity Exploration & Production Company), Steven J. Lechner (argued), Mountain States Legal Foundation; Lakewood, Colorado (Montana Petroleum Association), Steven W. Jennings , Colby L. Branch ; Crowley Fleck ; Billings, Montana (Montana Petroleum Association).


Justice BETH Baker delivered the Opinion of the Court.

¶ 1 The Montana Wildlife Federation (MWF) and National Wildlife Federation (NWF) (collectively "Federations") appeal the Sixteenth Judicial District Court's order granting summary judgment to defendants Montana Board of Oil & Gas Conservation (Board or MBOGC), Fidelity Exploration and Production Company (Fidelity), and Montana Petroleum Association (MPA) (collectively "Appellees"). We affirm the District...

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