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Montanore Minerals Corp. v. Montana Department of Environmental Quality

ELR Citation: 48 ELR 20205
Nos. ADV-2018-363, (Mont. 1st Jud. Dist., 12/07/2018) (Menahan, J.)

A state court dismissed a lawsuit filed by a mining company challenging the Montana Department of Environmental Quality's labeling of the company's chief executive officer as a "bad actor" under state mining law, effectively prohibiting the company from conducting mining and exploration activities in Montana. The company sought a preliminary injunction, arguing that suspension of their operating permits would force them to cease daily reclamation activities and cause them irreparable harm. The court, however, found that the company failed to demonstrate that the Department sought to suspend or revoke their permits, and thus failed to show they would likely suffer irreparable harm if the court did not grant their motion. Moreover, the Department has not issued an order or final decision, and therefore there is no justiciable controversy. The court therefore granted the Department's motion to dismiss.