Case Summary Citation
Protect the Clearwater v. Montana Department of Environmental Quality, 554 P.3d 197 (Mont. 2024)
Abstract
In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.
Erratum
In the resubmitted version of this paper, two footnote adjustments have been made for clarity and accuracy. Footnote 17 has been added to provide a source citation for the information in the corresponding sentence. Additionally, Footnote 20 has been expanded to include a fuller explanation of the term “possibility of harm.”
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