The Board held a special meeting to discuss motions in limine regarding the Rosebud Mine Amendment 5 case. The discussion centered on legal disputes over expert witness disclosures, the handling of attorney fee petitions, and evidentiary rules for the upcoming reasonableness hearing. The Board voted to deny the motion in limine regarding exclusion but granted permission to present rebuttal expert testimony. Additionally, the Board heard arguments regarding a motion to limit the scope of the upcoming fee hearing to prevent the relitigation of the merits of the case.
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Board Of Environmental Review Of The State Of Montana Board Meeting
The board addressed several administrative and legal matters, including the renewal of the Board Counsel's contract and the review of various contested cases involving air quality permits and water quality compliance. Discussions included motions regarding the Westmoreland Absaloka Mining permit and the evaluation of pending litigation during an executive session. Additionally, the board considered administrative improvements, such as future meeting scheduling processes and formatting requirements for legal briefs submitted for board review.
Jun 26, 2026·Board meeting
Board of Environmental Review of the State of Montana Transcript of Proceedings
The board heard oral arguments regarding an appeal of the Montana Department of Environmental Quality's decision concerning an air quality permit. The proceedings addressed a motion to intervene by Montana Renewables, which was granted, and a motion to dismiss the appeal due to the appellant's alleged failure to timely file a required affidavit. Following deliberations, the board voted unanimously to grant the motion to dismiss the appeal.
Mar 20, 2026·Board meeting
Board Of Environmental Review Transcript Of Proceedings
The Board discussed jurisdictional and standing issues regarding an appeal by Valley Garden Land & Cattle LLC concerning the issuance of an Opencut Mining Permit amendment. Key discussion topics included the scope of the Board's jurisdiction under the Opencut Act, the impact of House Bill 599 on the Board's authority over water quality and environmental protections, and the standing of Valley Garden to challenge the permit decision. The participants also addressed whether the Applicant or the Department of Environmental Quality holds the responsibility for public notice and whether Valley Garden demonstrated sufficient injury to establish legal standing.
