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County of Missoula v. Montana Department of Transportation

ELR Citation: 41 ELR 20235
Nos. DV-11-424, (Mont. 4th Dist., 07/19/2011)

A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state to the Canadian border for use in tar sand and mining production in Alberta. The agency conducted an EA under the Montana Environmental Policy Act prior to granting the oversize-load permits and ultimately issued a FONSI. The EA, however, failed to adequately consider impacts of the project and to consider reasonable alternatives. But the court did not enjoin permits that have already issued.