Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality

Full Case Name
BITTERROOTERS FOR PLANNING, INC., and BITTERROOT RIVER PROTECTIVE ASSOCIATION, INC. Plaintiffs and Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Montana, Defendant and Appellant, STEPHEN WANDERER and GEORGIA FILCHER, Defendants, Intervenors and Appellants
Description

The Court found that the Montana Department of Environmental Quality violated the Montana Environmental Policy Act because it only considered the environmental impacts to water quality of the construction and operation of the wastewater discharging permit issued to the facility.

Date
09-05-2017
Court
Montana Supreme Court
Jurisdiction
Montana
Defendants
Incident Location
Ravalli County, Montana
Disputed Act

The plaintiffs alleged that the Montana Department of Environmental Quality's wastewater discharge permitting process for an unnamed retail store facility violated the Montana Environmental Policy Act (MEPA) because it did not consider the environmental impacts of the construction and operation of the facility other than water quality. Public comments organized by the Department of Environmental Quality included light pollution, noise pollution, and soil pollution, as well as others.

Holding
The Supreme Court of the State of Montana reversed the District Court's summary judgment that Montana Department of Environmental Quality violated the Montana Environmental Policy Act because it did not consider the environmental impacts of the construction and operation of the facility other than water quality. The Court affirmed the District Court's summary judgment that the Department of Environmental Quality must identify and disclose the actual contemplated owner or operator of the retail store facility whose wasterwater discharge permitting was issued by the Department.