MONTANA ENVIRONMENTAL INFORMATION CENTER and Sierra Club, Plaintiffs and Appellees,
v.
Montana DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant and Appellant, and
Western Energy Company, Defendant, Intervenor, and Appellant.
Supreme Court of Montana.https://leagle.com/images/logo.png
Argued: March 13, 2019.
Submitted: March 19, 2019.
Decided: September 10, 2019.
Rehearing Denied: November 19, 2019.
Attorney(s) appearing for the Case
For Appellant Montana Department of Environmental Quality: Kirsten H. Bowers (argued), Edward Hayes , Special Assistant Attorneys General, Montana Department of Environmental Quality, Helena, Montana.
For Amicus Treasure State Resource Association of Montana, Montana Petroleum Association, Montana Coal Council, Montana Mining Association, The Montana Association of Oil, Gas, and Coal Counties, and Rosebud County: Steven T. Wade , W. John Tietz , M. Christy S. McCann , Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana
Chief Justice Mike McGrath delivered the Opinion of the Court.
¶1 On September 14, 2012, the Montana Department of Environmental Quality (DEQ) issued Western Energy Company (Western Energy) a Montana Pollutant Discharge Elimination System Permit (MPDES) MT0023965 (2012 Permit), renewing its 1999 MPDES Permit (1999 Permit), to discharge pollutants from the Rosebud Mine adjacent to Colstrip, Montana, into Montana waters tributary to the Yellowstone River...
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