Trout Unlimited v. DNRC

DA 23-0268 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0268
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Affirmed
Lower court case DV-2022-09
Lower court judge Hon. Michael B. Hayworth

Key dates

Closed Jan 21, 2025
Classified Mar 5, 2024
Appeal filed May 12, 2023
Record filed May 23, 2023
Oral argument Mar 29, 2024
Briefing ended Dec 6, 2023
Opinion issued Jan 2, 2025
Briefing started May 23, 2023
Sent to the court Dec 6, 2023
Submitted for decision Mar 29, 2024
Appellant Reply Brief Filed Dec 6, 2023
Appellant Opening Brief Filed Aug 23, 2023
Appellee Response Brief Filed Oct 24, 2023

Calculated

from the docket dates
Appeal filed to briefing start 11
Briefing days 197
Briefing start to opening brief filed 91
Classified to Opinion 302
Close of briefing to sent to court 0
Filing date to Opinion 601
Filing date to closed 620
Opening to response 62
Opinion to closed 18
Oral argument to Opinion 278
Response to reply 43
Sent to court to classified 90
Sent to court to oral argument 113
Submitted for decision to Opinion 392

Tags

Affirmed Amicus requested Closed En Banc Opinion synopsis issued Oral Argument Published opinion

Parties

Appellant
Trout Unlimited
Represented by Patrick Arthur Byorth
Appellant
Montana Environmental Information Center
Represented by Patrick Arthur Byorth
Appellee
Department of Natural Resources and Conservation
Represented by Molly Kelly
Appellant
Montana Trout Unlimited
Represented by Patrick Arthur Byorth
Appellant
Earthworks
Represented by Patrick Arthur Byorth
Appellant
American Rivers
Represented by Patrick Arthur Byorth
Appellee
Tintina Montana, Inc.
Represented by William John Tietz, III.

Opinion

Trout Unlimited v. DNRC, 2025 MT 1

Affirmed on January 2, 2025, in a 5 to 2 with 1 concurring published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Feb 10, 2025 4:00 PM Fees
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Jan 22, 2025 10:17 AM Notice - Outgoing
Event - Case Closed Jan 21, 2025 9:12 AM Closing Notice
Record - DC Record Returned to District Court - 2 file folders Jan 21, 2025 9:03 AM Record
Notice - Outgoing - Opinion Release Notice Issued Jan 21, 2025 9:01 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 21, 2025 8:58 AM Closing Notice
Opinion - Synopsis of Opinion Jan 2, 2025 12:40 PM Synopsis
Opinion - Published - Justice Rice - Affirmed Jan 2, 2025 12:26 PM Opinion
Notice - Incoming - Attorney Substitution/Withdrawal - Sean Helle hereby withdraws as co-counsel of record for the appellant organizations in this case Sep 20, 2024 3:10 PM Notice - Incoming
Event - Oral Argument Presented - Sean Helle argued for appellants. Brian Bramblett and John Tietz argued for Appellees. The matter was taken under advisement at 11:14 a.m Mar 29, 2024 12:54 PM Event
Order - Classified - Oral Argument - this cause is classified for oral argument before the Court sitting en banc and is set for Friday, March 29, 2024, at 10:00 a.m. at the MT School of Theater and Dance on the campus of the University of MT in Missoula, MT, with an introduction to the oral argument beginning at 9:30 a.m. IT IS FURTHER ORDERED that pursuant to M.R. App. P. 17(3), oral argument times in this cause number shall be 40 minutes for Appellants and 30 minutes for Appellees Mar 5, 2024 4:02 PM Classifying Notice
Notice - Incoming - Other - Receipt of Notice of Oral Argument - RYAN MCLANE Feb 9, 2024 11:45 AM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - PATRICK ARTHUR BYORTH Feb 8, 2024 2:40 PM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - BRIAN C. BRAMBLETT Feb 8, 2024 12:11 PM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - SEAN M. HELLE Feb 8, 2024 11:59 AM Notice - Incoming
Notice - Incoming - Receipt of Notice of Oral Argument - William Tietz - Tintina Feb 5, 2024 11:23 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Feb 2, 2024 4:35 PM Notice - Outgoing
Order - Classified - Oral Argument - Friday, March 29, 2024, at 10:00 a.m. in the Missoula Theatre on the campus of University of Montana, Missoula, Montana, with an introduction to the oral argument beginning at 9:30 a.m Feb 2, 2024 4:31 PM Classifying Notice
Event - Case Sent to Court Dec 6, 2023 3:34 PM Classifying Notice
Notice - Outgoing - Brief Filed Dec 6, 2023 3:21 PM Notice - Outgoing
Brief - Appellant Reply Dec 6, 2023 12:25 PM Appellant Reply Brief
Order - Briefing/Scheduling - Appellants may file a reply brief of no more than 7,750 words Dec 1, 2023 10:47 AM Order - Other
Motion - Unopposed - Brief - Appellant's request leave to file over-length brief Nov 29, 2023 10:39 AM Motion
Notice - Outgoing - Appellant's Opening Brief Filed Oct 25, 2023 1:28 PM Notice - Outgoing
Order - Grant - Appellants have until December 6, 2023, to file their reply brief Oct 24, 2023 3:26 PM Order - Other
Motion - Unopposed - Extension of Time - Brief Oct 24, 2023 12:04 PM Motion
Notice - Outgoing - Brief Filed - Respondent/Appellee's Response (MT DNR) Oct 24, 2023 9:47 AM Notice - Outgoing
Notice - Outgoing - Brief Filed - Appellee's Response Brief Oct 24, 2023 9:35 AM Notice - Outgoing
Brief - Appellee Tintina's Response Oct 23, 2023 6:41 PM Appellee Response Brief
Brief - Respondent/Appellee's Response (MT DNR) Oct 23, 2023 4:10 PM Appellee Response Brief
Notice - Outgoing - Brief Filed - Amicus brief Oct 23, 2023 3:30 PM Notice - Outgoing
Brief - Amicus in support of Appellee's Oct 23, 2023 1:45 PM Appellee Response Brief
Order - Amicus-Grant Participation - (Association of Gallatin Agricultural Irrigators, Montana Chamber of Commerce, Montana Farm Bureau Federation, Montana League of Cities and Towns, Inc., Montana Stockgrowers Association, and Montana Water Resources Association) Joint Amicus Brief is due on October 23, 2023 Sep 7, 2023 5:06 PM Order - Other
Motion - Unopposed - Amicus - Leave to Participate - Association of Gallatin Agricultural Irrigators, Montana Chamber of Commerce, Montana Farm Bureau Federation, Montana League of Cities and Towns, Inc., Montana Stockgrowers Association, and Montana Water Resources Association Sep 7, 2023 3:30 PM Motion
Extension - Grant of Extension - Appellee is granted an extension from the current deadline of September 21, 2023, within which to file its answer brief in the above-captioned matter. Appellee's brief is now due on or before October 23, 2023 Sep 7, 2023 1:11 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Sep 7, 2023 12:32 PM Motion
Extension - Grant of Extension - Appellee Montana DNR&C is granted an extension within which to file its answer brief. Appellee's brief is now due on or before October 23, 2023 Sep 7, 2023 10:18 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Sep 6, 2023 1:02 PM Motion
Brief - Appellant's Opening Aug 22, 2023 6:33 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellants' Unopposed Motion for an Extension of Time to file Appellants' Opening Brief is GRANTED Jul 14, 2023 3:42 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Jul 14, 2023 2:24 PM Motion
Extension - Grant of Extension - Appellants shall file their opening brief on or before July 24, 2023 Jun 1, 2023 1:08 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jun 1, 2023 11:56 AM Motion
Notice - Outgoing - District Court Record Filed May 23, 2023 11:29 AM Record
Record - DC Record Filed - 2 file folders with documents 1-21 May 23, 2023 11:28 AM Record
Notice - Outgoing - Appeal Notice May 12, 2023 3:13 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed May 12, 2023 12:58 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) May 12, 2023 12:58 PM Fees