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Montana Wilderness Ass'n v. Montana Bd. of Health & Envtl. Sciences

Citation: 6 ELR 20043
No. No. 38902, (Mont. Dist. Ct., 08/29/1975)

Defendant's impact statement concerning its approval of a housing subdivision in Gallatin Canyon failed to meet the procedural requirements of the Montana Environmental Policy Act. The impact statement contains no economic analysis, no attempt to quantify aesthetic considerations such as visual impacts, no serious discussion of alternatives, no analysis of comments objecting to impacts on wildlife, no evaluation of traffic effects, no discussion of future energy needs, and no evaluation of future impacts. Since the impact statement is patently inadequate, injunctive as well as declarative relief is appropriate pending promulgation of an adequate environmental impact statement. The impact statement is void; defendant is ordered to rescind its removal of sanitary conditions on the plat in question; the intervening developer is ordered to stop further subdivision development.

Counsel for Plaintiffs
James Goetz
P.O. Box 931
Bozeman, Mont. 59715
(406) 587-0906

Counsel for Defendants
Michael Salvani
State Department of Health and Environmental Sciences
Helena, Mont. 59601
(406) 449-2544

Counsel for Intervenor Beaver Creek South, Inc.
William Conklin
Dzivi, Conklin, Johnson & Nybo
529 Great Falls National Bank Building
Great Falls, Mont. 59401
(406) 453-5441