The board conducted a special meeting addressing action items concerning the Rosebud Mine Area B Amendment 5 Permit. The materials focused on legal motions in limine for an upcoming evidentiary hearing regarding the award of attorney fees. Discussions involved the potential exclusion of evidence related to billing records and blended billing rates, as well as the scope of the hearing, specifically addressing whether parties are precluded from relitigating the merits of previous claims and findings of bad faith or harassment.
Aug 14, 2026
Enterprise
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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 Special Meeting
The meeting agenda included action items related to three specific cases: BER 2026-01 AQ concerning an appeal regarding MDEQ's decision on MAQP #5263-03 (Calumet/Montana Renewables); BER 2025-04 SM regarding an appeal by Westmoreland Absaloka Mining LLC concerning Minor Revision 311 for Coal Surface Mine Permit C1985005; and BER 2022-04 OC involving an appeal by Valley Garden Land & Cattle LLC regarding Opencut Mining Permit #674, Amendment #3. For case BER 2026-01 AQ, documentation was provided regarding a previously scheduled informal conference on March 5, 2026. For case BER 2025-04 SM, the Board issued a Final Agency Action and Order granting DEQ's Motion to Dismiss and denying Westmoreland's Motion to Consolidate, concluding the Board lacked jurisdiction over the contested case hearing request, though granting the request for declaratory ruling was also addressed with a denial based on jurisdictional limits. For case BER 2022-04 OC, an Order Notifying Parties of Meeting scheduled the discussion of this case, including oral arguments on cross-motions for summary judgment and a motion to limit the scope of the hearing, for the March 20, 2026, meeting.
