MEIC v. Westmoreland Rosebud Mining

DA 22-0064 ·Direct Appeal ·Civil ·Closed
Docket DA 22-0064
Type Direct Appeal — Judicial Review
Classification Civil
Outcome Reversed
Lower court case DV 2019-34
Lower court judge Hon. Katherine M. Bidegaray

Key dates

Closed Jan 31, 2024
Classified Jan 18, 2023
Appeal filed Feb 4, 2022
Record filed Feb 28, 2022
Oral argument Apr 3, 2023
Briefing ended Dec 20, 2022
Opinion issued Jan 30, 2024
Briefing started Feb 28, 2022
Transcript filed Feb 10, 2022
Rehearing granted Jan 30, 2024
Sent to the court Dec 22, 2022
Rehearing requested Dec 6, 2023
Submitted for decision Apr 3, 2023
Appellant Reply Brief Filed Dec 20, 2022
Appellant Opening Brief Filed Aug 11, 2022
Appellee Response Brief Filed Nov 4, 2022

Calculated

from the docket dates
Appeal filed to briefing start 24
Briefing days 294
Briefing start to opening brief filed 163
Classified to Opinion 377
Close of briefing to sent to court 2
Filing date to Opinion 725
Filing date to closed 726
Opening to response 85
Opinion to closed 0
Oral argument to Opinion 302
Response to reply 45
Sent to court to classified 27
Sent to court to oral argument 101
Submitted for decision to Opinion 404

Tags

Amicus requested Closed Final Order Issued Opinion synopsis issued Oral Argument Published opinion Rehearing granted Rehearing requested Reversed

Parties

Appellee
Montana Environmental Information Center
Represented by Walton Davis Morris, Jr
Appellant
Environmental Quality, Montana Department of
Represented by Nicholas A. Whitaker
Appellant
Montana Board of Environmental Review
Represented by J. Stuart Segrest
Appellee
Sierra Club
Represented by Walton Davis Morris, Jr
Appellant
Natural Resource Partners, L.P.
Represented by Samuel R. Yemington
Appellant
Northern Cheyenne Coal Miners Association
Represented by Samuel R. Yemington
Appellant
Westmoreland Rosebud Mining LLC
Represented by Samuel R. Yemington
Appellant
International Union of Operating Engineers, Local
Represented by Samuel R. Yemington

Opinion

MEIC v. Westmoreland Rosebud Mining, 2023 MT 224

Reversed on November 22, 2023, in a 7 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 7, 2024 2:42 PM Record
Event - Case Closed Jan 31, 2024 2:06 PM Closing Notice
Record - DC Record Returned to District Court Jan 31, 2024 2:05 PM Record
Record - Administrative Record Returned to DEQ Jan 31, 2024 2:00 PM Record
Notice - Outgoing - Opinion Release Notice Issued Jan 31, 2024 1:15 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 31, 2024 1:15 PM Closing Notice
Order - Grant Petition for Rehearing Jan 30, 2024 4:31 PM Granting Rehearing
Event - Sent to Court-Pleading - Petition for Rehearing - Objection Dec 22, 2023 3:32 PM Event
Response/Objection - Rehearing Dec 22, 2023 3:04 PM Response
Petition - Rehearing (Held for Response) Dec 6, 2023 4:35 PM Petition
Opinion - Synopsis of Opinion Nov 27, 2023 11:04 AM Synopsis
Opinion - Published - Justice McGrath - REMANDED IN PART AND AFFIRMED IN PART (RESENT NOTICE - Entry was incorrectly listed as Opinion and Order) Nov 22, 2023 1:49 PM Opinion
Notice - Outgoing - Additional District Court Documents Oct 20, 2023 3:43 PM Notice - Outgoing
Record - Additional DC Documents Filed Additional DC Documents consisting of electronic documents 150-154 and updated Case Register Report. (DA) Oct 20, 2023 3:40 PM Record
Order - On or before October 23, 2023, the District Court EITHER CORRECT THE RECORD and provide this Court with an updated Case Register Report OR PROVIDE NOTICE to this Court that the above-described documents are not part of the record in this case Oct 6, 2023 4:11 PM Order - Other
Record - Additional DC Documents Filed - Administrative Record Documents 116 and 117 (hearing transcripts) Apr 12, 2023 10:30 AM Record
Event - Oral Argument Presented - Jeremiah Langston argued for Appellant DEQ, John Martin argued for Intervenor Westmoreland, Shiloh Hernandez argued for Appellees MEIC. The matter was taken under advisement at 11:45 a.m Apr 3, 2023 8:11 AM Event
Notice - Incoming - signed Notice of Oral Argument (Jeremiah Langston) Feb 21, 2023 11:30 AM Notice - Incoming
Notice - Incoming - signed Notice of Oral Argument (Kyle A. Gray) Jan 24, 2023 1:45 PM Notice - Incoming
Notice - Incoming - signed Notice of Oral Argument (Amy D. Christensen) Jan 23, 2023 9:44 AM Notice - Incoming
Notice - Incoming - signed Notice of Oral Argument (Shiloh Silvan Hernandez) Jan 23, 2023 9:41 AM Notice - Incoming
Notice - Incoming - signed Notice of Oral Argument (Jeremiah R. Langston) Jan 20, 2023 10:35 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jan 19, 2023 8:24 AM Notice - Outgoing
Order - Classified - Oral Argument - Monday, April 3, 2023, 10:30 a.m., Strand Union Building, Ballroom A, Montana State University, Bozeman, Montana, introduction at 10:00 a.m Jan 18, 2023 4:08 PM Classifying Notice
Event - Case Sent to Court Dec 22, 2022 10:05 AM Classifying Notice
Notice - Outgoing - Appellant Montana Board of Environmental Review's Reply Brief Filed Dec 22, 2022 9:59 AM Notice - Outgoing
Notice - Outgoing - Appellant DEQ's Brief Filed Dec 22, 2022 9:57 AM Notice - Outgoing
Notice - Outgoing - Appellants (Westmoreland Rosebud Mining LLC, f/k/a Western Energy Co., Natural Resource Partners, L.P., International Union of Operating Engineers, Local 400 and Northern Cheyenne Coal Miners Association) Reply Brief Filed Dec 22, 2022 9:56 AM Notice - Outgoing
Brief - Appellants (Westmoreland Rosebud Mining LLC, f/k/a Western Energy Co., Natural Resource Partners, L.P., International Union of Operating Engineers, Local 400 and Northern Cheyenne Coal Miners Association) Reply Dec 19, 2022 5:43 PM Appellant Reply Brief
Brief - Appellant Montana Department of Environmental Quality's Reply Dec 19, 2022 3:39 PM Appellant Reply Brief
Brief - Appellant Montana Board of Environmental Review's Reply Dec 19, 2022 11:55 AM Appellant Reply Brief
Order - Grant - Extension of Time - Appellants DEQ & MBER shall file their reply briefs on or before December 19, 2022. No further extensions will be granted Nov 15, 2022 5:11 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellants Reply Brief Nov 14, 2022 8:00 AM Motion
Notice - Outgoing - Appellee's (MEIC and Sierra Club) Brief Filed Nov 4, 2022 4:03 PM Notice - Outgoing
Brief - Appellee's Response (MEIC and Sierra Club) Nov 4, 2022 2:09 PM Appellee Response Brief
Order - Appellees shall file their combined response brief on or before November 4, 2022 Oct 3, 2022 4:41 PM Order - Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellees' Brief Sep 30, 2022 3:41 PM Motion
Extension - Appellees are granted an extension of time to and including October 10, 2022, within which to prepare, serve, and file their response brief Sep 2, 2022 1:42 PM Extension
Motion - Unopposed - Extension of Time - Appellees Brief (First Request 30 Days) Sep 2, 2022 9:28 AM Motion
Notice - Outgoing - Appellant Board of Environmental Review's Brief Filed Aug 11, 2022 8:34 AM Notice - Outgoing
Notice - Outgoing -Appellant Westmoreland Rosebud, et al's Brief Filed Aug 11, 2022 8:29 AM Notice - Outgoing
Notice - Outgoing - Appellant DEQ's Brief Filed Aug 11, 2022 8:09 AM Notice - Outgoing
Brief - Appellant's Opening (Westmoreland Rosebud Mining. et al) Aug 10, 2022 6:47 PM Appellant Opening Brief
Brief - Appellant's Opening (DEQ) Aug 10, 2022 4:03 PM Appellant Opening Brief
Brief - Appellant's Opening (Board of Environmental Review) Aug 10, 2022 1:30 PM Appellant Opening Brief
Order - the motions for relief from the District Court's Order on Remand and Stay are GRANTED; the vacatur of the AM4 permit is STAYED pending resolution of these appeals Aug 9, 2022 4:31 PM Order - Other
Notice - Outgoing - withdrawal of counsel - Victoria A. Marquis Jul 29, 2022 1:32 PM Notice - Outgoing
Notice of Withdrawal of Counsel - Victoria A. Marquis withdraws as counsel of record for Westmoreland, Natural Resource, International Union & Northern Cheyenne Coal Miners Jul 29, 2022 1:28 PM Notice
Order - DEQ and MEIC may file expanded opening and answer briefs of 15,000 words and Westmoreland may file an expanded opening brief of 12,000 words Jul 5, 2022 10:38 AM Order - Other
Order - Grant - Joint Appellants are granted an extension of time to and including August 10, 2022, within which to prepare, serve, and file their opening briefs. Montana Board of Environmental Review's ("BER") opening brief is also due August 10, 2022 Jul 5, 2022 10:15 AM Order - Extension
Joint Motion - Unopposed - Appellants Brief - Enlarged Jun 30, 2022 3:44 PM Other
Joint Motion - Unopposed - Extension of Time - Appellants Brief (First Request 30 Days) Jun 30, 2022 3:32 PM Other
Event - Sent to Court-Pleading Jun 30, 2022 2:26 PM Event
Appellant DEQ's Reply to Responses to Motion to Stay Jun 29, 2022 4:57 PM Other
Appellants Westmoreland, Northern Cheyenne Coat Miners, International Union of Operating Engineers and Natural Resource Partners' Reply to Responses to Motion to Stay (DA 22-0064) Jun 29, 2022 2:16 PM Other
Appellants Westmoreland, Northern Cheyenne Coat Miners, International Union of Operating Engineers and Natural Resource Partners' Reply to Responses to Motion to Stay (DA 22-0068) Jun 29, 2022 1:22 PM Other
Appellees MEIC and SIERRA CLUB'S RENEWED response to Western Energy's SECOND Motion for Stay (ORIGINALLY FILED IN DA 22-0068) Jun 15, 2022 3:22 PM Other
Response/Objection -MEIC and SIERRA CLUB'S RENEWED response to Westmoreland's FIRST motion for Stay (DA 22-0064) Jun 15, 2022 3:10 PM Response
Response/Objection - MEIC and SIERRA CLUB'S RENEWED response to DEQ'S Motions to Stay Jun 15, 2022 2:59 PM Response
Notice - Outgoing - Additional District Court Documents Jun 9, 2022 2:07 PM Notice - Outgoing
Record - Additional DC Documents Filed consisting of electronic documents 113-149 and updated Case Register Report Jun 9, 2022 2:06 PM Record
Electronic Transcript Filed of May 6, 2022 hearing Jun 8, 2022 3:52 PM Other
Order - Consolidating Cases May 27, 2022 6:33 PM Order - Other
Motion - Unopposed - Consolidate May 27, 2022 10:01 AM Motion
Notice - Incoming - Westmoreland Rosebud Mining, LLC, Natural Resource Partners, L.P., International Union of Operating Engineers, Local 400, and Northern Cheyenne Coal Miners Association together, "Westmoreland/Local 400") provide notice that the district court has entered Final Judgment in Cause No. DV-2019-34 May 23, 2022 7:31 PM Notice - Incoming
Rulings - Other Courts - Order Awarding Reasonable Fees Attorney Fees and Costs May 13, 2022 4:33 PM Ruling
Order - Deficiencies-Brief - Appellant's Opening Brief is rejected to comply with Rule 11(4)(e) - certificate of compliance Mar 31, 2022 11:37 AM Order - Deficiency
Order - Stay Proceeding and Remanded to the District Court for resolution of attorney costs and fees an entry of final judgment within 45 day of this Order. Further Orders following entry of final judgment listed Mar 30, 2022 4:26 PM Order - Other
Event - Sent to Court-Pleading (Motion to Stay and Responses) Mar 4, 2022 4:28 PM Event
Westmoreland's Response to MEIC's De Facto Motion to Dismiss Appeals Mar 4, 2022 4:25 PM Other
Order - Motion for Leave to file a response brief is GRANTED. IT IS FURTHER ORDERED that the Response to MEIC's De Facto Motion to Dismiss Appeals, included as an exhibit to Westmoreland's Motion for Leave to File Attached Response to De Facto Motions to Dismiss Appeals, shall be FILED in this appeal Mar 4, 2022 3:06 PM Final Order
Event - Sent to Court-Pleading (Leave to file response to de facto motions to dismiss appeals) Mar 2, 2022 2:25 PM Event
Motion - Leave to file response to de facto motions to dismiss appeals Mar 2, 2022 12:33 PM Motion
AMENDED Notice - Outgoing - District Court Record Filed Feb 28, 2022 4:48 PM Record
Notice - Outgoing - District Court Record Filed Feb 25, 2022 1:10 PM Record
Record - DC Record Filed - one (1) box with 5 expandable file folders with documents of Administrative Record and one (1) flash drive of Amended Administrative Record (to be shared with DA 22-0067 and DA 22-0068). (Administrative Record uploaded in transfer service) Feb 25, 2022 1:06 PM Record
Notice - Outgoing - Amicus (Talen Montana, LLC) Brief Filed Feb 23, 2022 1:08 PM Notice - Outgoing
Brief - Amicus (Talen Montana, LLC) Feb 23, 2022 10:09 AM Amicus Brief
Event - Sent to Court-Pleading - Motion to Stay and Responses Feb 23, 2022 8:34 AM Event
Declaration of David Schlissel Feb 22, 2022 8:12 PM Other
Montana Environmental Information Center and Sierra Club's Response to Westmoreland's Motion for Stay Feb 22, 2022 8:08 PM Other
Declaration of David Schlissel Feb 22, 2022 8:02 PM Other
Montana Environmental Information Center and Sierra Club's Response to DEQ's Motion for Stay Feb 22, 2022 7:54 PM Other
Order - Amicus-Grant Participation - Talen Montana, LLC ("Talen Montana") Feb 22, 2022 3:33 PM Order - Other
Order - Granting Supplementing the Record with Administrative Record Feb 22, 2022 10:20 AM Order - Other
Motion - Unopposed - Supplement the Record Feb 18, 2022 5:26 PM Motion
Motion - Opposed - Amicus - Leave to Participate (Talen Montana, LLC) Feb 17, 2022 3:40 PM Motion
Notice - Outgoing - District Court Record Filed Feb 14, 2022 2:58 PM Record
Record - DC Record Filed - 5 file folders with documents 1-112 (to be shared with DA 22-0067 and DA 22-0068) Feb 14, 2022 2:51 PM Record
Notice - Outgoing - Transcript Filed Feb 10, 2022 2:56 PM Transcript
Record - (1) volume Transcript in Rosebud County District Court Cause No. DV 2019-34 dated 12/16/20 Filed Feb 10, 2022 2:47 PM Record
Motion - Opposed - Stay (Held for Response) (International Union of Operating Engineers, Natural Respource Partners, Northern Cheyenne Coal Miners Association, Westmoreland Rosebud Mining) Feb 8, 2022 4:21 PM Motion
Motion - Opposed - Stay - (DEQ) held for response Feb 8, 2022 2:25 PM Motion
Notice - Outgoing - Appeal Notice Feb 4, 2022 4:42 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 4, 2022 4:17 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Feb 4, 2022 4:17 PM Fees