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Case Summary Citation

Montana Environmental Information Center v. Montana Department of Environmental Quality, P.3d , 382 Mont. 102 (Mont. 2016)

Abstract

In MEIC II, the Montana Supreme Court held MEIC’s claims regarding the extent of reclamation required under the MMRA were procedurally barred. In affirming application of issue preclusion to two of MEIC’s three claims, the Court relied on a 2011 district court decision resolving, arguably, identical claims against MEIC. The Court found that, even though MEIC had not raised its statutory argument before, the claim was barred because its consideration would require the court to revisit the previously litigated constitutional issue. Ultimately, the Court upheld the reclamation plan adopted by the DEQ in conjunction with the expansion of an open pit gold mine near Whitehall, Montana.

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