Water for Flathead v. DEQ

DA 22-0112 ·Direct Appeal ·Civil ·Closed
Docket DA 22-0112
Type Direct Appeal — Environmental Issues
Classification Civil
Outcome Reversed
Lower court case DV-2017-1109(A)
Lower court judge Hon. Amy Poehling Eddy

Key dates

Closed Jun 27, 2023
Classified Oct 26, 2022
Appeal filed Mar 4, 2022
Record filed Apr 12, 2022
Briefing ended Sep 23, 2022
Opinion issued May 16, 2023
Briefing started Apr 12, 2022
Rehearing denied Jun 27, 2023
Sent to the court Sep 27, 2022
Rehearing requested May 31, 2023
Submitted for decision Sep 27, 2022
Appellant Reply Brief Filed Sep 23, 2022
Appellant Opening Brief Filed Jun 14, 2022
Appellee Response Brief Filed Sep 10, 2022

Calculated

from the docket dates
Appeal filed to briefing start 39
Briefing days 164
Briefing start to opening brief filed 62
Classified to Opinion 202
Close of briefing to sent to court 3
Filing date to Opinion 438
Filing date to closed 480
Opening to response 87
Opinion to closed 41
Response to reply 13
Sent to court to classified 29
Submitted for decision to Opinion 231

Tags

Closed Five Justice Panel Published opinion Rehearing denied Rehearing requested Reversed

Parties

Appellant
Department of Natural Resources and Conservation
Represented by Brian C. Bramblett
Appellant
Environmental Quality, Montana Department of
Represented by Kirsten Hughes Bowers
Appellee
Amy Waller
Represented by Roger M. Sullivan
Appellee
Cynthia S. Edstrom
Represented by Roger M. Sullivan
Appellant
Montana Artesian Water Company
Represented by Victoria A. Marquis
Appellee
Steven F. Moore
Represented by Roger M. Sullivan
Appellee
Water for Flathead's Future, Inc.
Represented by Roger M. Sullivan

Opinion

Water for Flathead v. DEQ, 2023 MT 86

Reversed on May 16, 2023, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jul 14, 2023 2:42 PM Record
Record - DC Record Returned to District Court - exhibits only; remaining record was electronic Jun 27, 2023 3:48 PM Record
Event - Case Closed Jun 27, 2023 3:33 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 27, 2023 3:22 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 27, 2023 3:22 PM Closing Notice
Order - the petition for rehearing is DENIED and DISMISSED Jun 27, 2023 3:18 PM Order - Petition for Rehearing Other
Event - Sent to Court-Pleading Jun 15, 2023 3:14 PM Event
Response/Objection - Rehearing (DEQ) Jun 15, 2023 3:12 PM Response
Response/Objection - Rehearing (Montana Artesian Water) Jun 15, 2023 2:28 PM Response
Petition - Rehearing - Held for objection May 31, 2023 11:49 AM Petition
Opinion - Published - Justice Rice, reversed May 16, 2023 4:01 PM Opinion
Order - Classified - Five Justice Panel Oct 26, 2022 11:15 AM Classifying Notice
Event - Case Sent to Court Sep 27, 2022 10:34 AM Classifying Notice
Notice - Outgoing - Brief Filed (MDEQ Reply) Sep 27, 2022 10:32 AM Notice - Outgoing
Notice - Outgoing - Brief Filed (Montana Artesian Water Co) Sep 27, 2022 10:25 AM Notice - Outgoing
Brief - Appellant Reply (Montana Artesian Water Co) Sep 23, 2022 5:03 PM Appellant Reply Brief
Brief - Appellant Reply (MDEQ) Sep 23, 2022 4:34 PM Appellant Reply Brief
Notice - Outgoing - Appellees Brief Filed Sep 12, 2022 1:45 PM Notice - Outgoing
Brief - Appellee's Response Sep 9, 2022 6:14 PM Appellee Response Brief
Notice - Incoming - Attorney Substitution/Withdrawal - Matthew H. Dolphay withdraws as counsel for Appellant Sep 1, 2022 4:37 PM Notice - Incoming
Notice - Incoming - Counsel for Montana Artesian Water Company change of firms Sep 1, 2022 4:21 PM Notice - Incoming
Order - Appellees are granted an extension of time up to and including September 9, 2022 to file their Response Brief Jul 11, 2022 10:00 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Brief Jul 8, 2022 10:15 AM Motion
Notice - Outgoing - Appellant Montana Artesian Water's Brief Filed Jun 15, 2022 7:33 AM Notice - Outgoing
Brief - Appellant Montana Artesian Water Company's Opening Jun 13, 2022 10:44 PM Appellant Opening Brief
Brief - Appellant DEQ's Opening Jun 13, 2022 9:34 AM Appellant Opening Brief
Extension - Grant of Extension - Appellants' Opening Brief is due on or before June 13, 2022 May 12, 2022 3:43 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) May 11, 2022 2:33 PM Motion
Order - Consolidating Cases - the motion to consolidate is GRANTED; the matter will continue under DA 22-0112 Apr 18, 2022 2:37 PM Order - Other
Motion - Unopposed - Consolidate Apr 18, 2022 11:42 AM Motion
Notice - Incoming - Attorney Substitution/Withdrawal - Withdraw Shane Coleman Apr 14, 2022 2:01 PM Notice - Incoming
Record - Additional DC Documents Filed Apr 13, 2022 12:00 PM Record
Record - Additional DC Documents Filed consisting of 4 large white envelopes, 11 pasteboard folders and a loose paperclipped administrative record. These are stored in 3 boxes in the SW corner of the file room Apr 13, 2022 11:56 AM Record
Notice - Outgoing - District Court Record Filed Apr 12, 2022 8:16 AM Record
DC Record Filed for Cause No. DV-17-1109 consisting of electronic documents 1-123 and Case Register Report Apr 12, 2022 8:10 AM Record
Notice - Outgoing - Appeal Notice (to District Court) Mar 4, 2022 2:25 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice Mar 4, 2022 1:56 PM Notice - Outgoing
Notice of Appeal Filed Mar 4, 2022 12:08 PM Notice