Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality
Annotate this CaseThe Supreme Court reversed in part and affirmed in part the judgment of the district court granting summary judgment to Plaintiffs that the Montana Department of Environmental Quality (DEQ) violated the Montana Environmental Policy Act (MEPA) by issuing a wastewater discharge permit for a “big box” retail merchandise store. DEQ appealed. Intervenors and current owners of the site (Landowners) joined the appeal and also appealed the district court’s summary judgment that MEPA requires DEQ to identify the owner or operator of the contemplated retail store. The Supreme Court held (1) the district court erred in concluding that DEQ violated MPEA, in contravention of Admin. R. M. 17.4.609(3)(d) and (e), by failing to further consider the environmental impacts of the construction and operation of the facility other than water quality impacts and impacts of the related construction of the required wastewater treatment system; and (2) the district court correctly concluded that DEQ must identify and disclose the actual contemplated owner or operator of the facility for which the applicant seeks the subject wastewater discharge permit.
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