Yellowstone Disposal, LLC v. State, Department of Environmental Quality
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The Supreme Court affirmed the judgment of the district court dismissing Yellowstone Disposal, LLC's petition for writ of mandamus, holding that the district court did not err.
Yellowstone Disposal filed a petition for writ of mandamus to compel the Montana Department of Environmental Quality (DEQ) to issue a license or, in the alternative, issue a final decision approving or denying its application for a class II solid waste management systems (SWMS) license to operate a SWMS in Richland County. The district court granted DEQ's motion to dismiss the petition for failure to state a claim. The Supreme Court affirmed, holding that Yellowstone Disposal did not satisfy the requirements for issuance of a writ of mandamus.
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