Bitterrooters for Planning, Inc. v. Mont. Dep’t of Envtl. Quality: Does Identity Matter? Evaluating the Parameters of the DEQ’s Authority to Investigate Prior to Its Issuance of Groundwater Discharge Permits

Authors

Tim Brothwell, Alexander Blewett III School of Law

Abstract

(1) Did the District Court err when it determined that the Montana Department of Environmental Quality (hereinafter “DEQ”) violated the Montana Environmental Policy Act (hereinafter “MEPA”) when it failed to consider the impact of the construction and operation of a proposed grocery-retail facility as a “secondary impact” to the issuance of a groundwater discharge permit? (2) Did the District Court err when it created a “test” for disclosing the identity of the future operator of the permit as a “requirement” of the groundwater discharge permit review process?

Recommended Citation

Tim Brothwell, Oral Argument Preview, Bitterrooters for Planning, Inc. v. Mont. Dep’t of Envtl. Quality: Does Identity Matter? Evaluating the Parameters of the DEQ’s Authority to Investigate Prior to Its Issuance of Groundwater Discharge Permits, 78 Mont. L. Rev. Online 28, https://scholarship.law.umt.edu/mlr_online/vol78/iss1/4.