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Montana

Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The...

Montana Environmental Information Center v. Montana Department of Environmental Quality

A Montana court vacated and remanded a water discharge permit that the state's environmental agency issued to a coal mine in southeastern Montana. The agency's decisions are arbitrary and not supported by the law, and when viewed in its...

Pacific Hide & Fur Depot v. Great American Insurance Co.

A district court held that an insurance company breached its duty to defend a steel company in an underlying contribution case under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CERCA) stemming from the company'...

Montana Wildlife Federation v. Montana Board of Oil & Gas Conservation

The Montana Supreme Court upheld the state oil and gas board's issuance of 23 gas well permits to an oil company in the area known as the Cedar Creek Anticline, a major geologic feature that extends for nearly 120 miles and is home to...

PPL Montana, LLC v. Montana

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds...

Missoula v. Montana Department of Transportation

A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to...

PPL Mont., LLC v. Montana

The Supreme Court of Montana affirmed a lower court’s award of almost $41 million in damages to the state of Montana from a wholesale electric generator for its use of state-owned riverbeds at its hydroelectric generation...

Seven Up Pete Venture v. Schweitzer

The Ninth Circuit upheld the dismissal of state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process. The plaintiffs, who prior to the ban had acquired leases of Montana...

Shammel v. Canyon Resources Corp.

The Montana Supreme Court held that where adequate alternative remedies exist under the common law or statute, the right to a clean and healthful environment under the Montana Constitution does not authorize a distinct cause of action...

Spoklie v. Montana

The court affirmed the dismissal of individuals' challenge to a Montana ballot initiative that regulates the licensing of alternative livestock ranches. The court is precluded from redeciding the individuals' takings claims because a...