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 (“MEPA”) are the exclusive avenue for injunctive relief when 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.
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