MEIC v. DEQ

DA 23-0225 ·Direct Appeal ·Civil ·Closed
Docket DA 23-0225
Type Direct Appeal — Declaratory Judgment
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-21-1307
Lower court judge Hon. Michael G. Moses

Key dates

Closed Jan 22, 2025
Classified Mar 11, 2024
Appeal filed Apr 17, 2023
Record filed Jan 19, 2024
Oral argument May 15, 2024
Briefing ended Dec 22, 2023
Opinion issued Jan 3, 2025
Briefing started Jan 19, 2024
Sent to the court Dec 28, 2023
Submitted for decision May 15, 2024
Cross Reply Brief Filed Dec 22, 2023
Appellant Reply Brief Filed Nov 13, 2023
Appellant Opening Brief Filed Jul 12, 2023
Appellee Response Brief Filed Oct 11, 2023

Calculated

from the docket dates
Appeal filed to briefing start 277
Briefing days 28
Briefing start to opening brief filed 190
Classified to Opinion 298
Close of briefing to sent to court 5
Filing date to Opinion 627
Filing date to closed 646
Opening to response 91
Opinion to closed 18
Oral argument to Opinion 233
Reply to cross reply 71
Response to reply 32
Sent to court to classified 74
Sent to court to oral argument 139
Submitted for decision to Opinion 372

Tags

Affirmed in part, reversed in part Amicus granted Amicus requested Closed Cross Appeal Filed Final Order Issued Opinion synopsis issued Oral Argument Published opinion

Parties

Appellant
State of Montana
Represented by Michael D. Russell
Cross Appellant
Montana Environmental Information Center
Represented by Jenny Kay Harbine
Appellant
Northwestern Energy
Represented by Shannon M. Heim
Appellant
Environmental Quality, Montana Department of
Represented by Samuel James King
Cross Appellant
Sierra Club
Represented by Jenny Kay Harbine

Opinion

MEIC v. DEQ, 2025 MT 3

Affirmed in part, reversed in part on January 3, 2025, in a 3 to 2 with 2 concurring published opinion.

Events

most recent first
Event - Case Closed - Electronic Records Jan 22, 2025 8:23 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 22, 2025 8:12 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 22, 2025 8:11 AM Closing Notice
Opinion - Synopsis of Opinion Jan 3, 2025 12:11 PM Synopsis
Opinion - Published - Justice Baker - Affirmed in Part, Reversed in Part and Remanded in Part Jan 3, 2025 12:06 PM Opinion
Notice - Outgoing - Additional District Court Documents Oct 3, 2024 2:51 PM Notice - Outgoing
Record - Additional DC Documents Filed for Cause #DV 56-2021-01307 which included electronic Docs 80-85 and updated register of actions. Placed in electronic record Oct 3, 2024 2:48 PM Record
Event - Oral Argument Presented - Jeremiah Langston argued for appellant DEQ. Shannon Heim argued for Appellant Northwestern Energy. Jenny Harbine argued for Appellees. The matter was taken under advisement at 10:39 a.m May 15, 2024 10:50 AM Event
Event - Sent to Court-Pleading May 9, 2024 1:56 PM Event
Notice - Incoming - Supplemental Authority - NorthWestern Corporation May 9, 2024 1:51 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - HARLAND KROGH Mar 26, 2024 11:07 AM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - JENNY HARBINE Mar 21, 2024 4:09 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - JEREMIAH LANGSTON Mar 21, 2024 4:06 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - JOHN TABARACCI Mar 21, 2024 2:24 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - MICHAEL RUSSELL Mar 19, 2024 4:53 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - SHANNON HEIM Mar 18, 2024 10:45 AM Notice - Incoming
Notice - Outgoing - Oral Argument Rescheduled Mar 12, 2024 2:19 PM Notice - Outgoing
Order - Classified - Oral Argument - rescheduled for argument on Wednesday, May 15, 2024, at 9:30 a.m. in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana Mar 11, 2024 11:45 AM Classifying Notice
Notice - Incoming - Other - Receipt of Notice of Oral Argument - MICHAEL RUSSELL Feb 12, 2024 4:51 PM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - JOHN CRIST Feb 12, 2024 11:34 AM Notice - Incoming
Notice - Incoming - Receipt of Oral Argument - SHANNON HEIM Feb 12, 2024 11:32 AM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - HARLAND B. KROGH Feb 8, 2024 3:41 PM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - AMANDA D. GALVIN Feb 8, 2024 11:58 AM Notice - Incoming
Notice - Incoming - Other - Receipt of Notice of Oral Argument - JERIMIAH RADFORD LANGSTON Feb 6, 2024 11:19 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Feb 2, 2024 4:46 PM Notice - Outgoing
Order - Classified - Oral Argument - Monday, April 22, 2024, at 10:30 a.m. in the Strand Union Building, Ballroom A on the campus of Montana State University, Bozeman, Montana, with an introduction to the oral argument beginning at 10:00 a.m Feb 2, 2024 3:57 PM Classifying Notice
Notice - Outgoing - Additional District Court Documents Jan 19, 2024 4:10 PM Notice - Outgoing
Record - Administrative Record Filed Jan 19, 2024 3:41 PM Record
Event - Case Sent to Court Dec 28, 2023 8:07 AM Classifying Notice
Notice - Outgoing - Appellees/Cross Appellant Brief Filed Dec 22, 2023 12:34 PM Notice - Outgoing
Brief - Appellees Cross Appellant Reply brief Dec 22, 2023 10:27 AM Cross Reply Brief
Notice - Outgoing - Brief Filed - Intervenor Dec 14, 2023 10:47 AM Notice - Outgoing
Brief - Intervenor - State of Montana Dec 13, 2023 7:56 PM Brief
Notice - Outgoing - Youth Amicus Brief Filed Nov 28, 2023 4:29 PM Notice - Outgoing
Brief - Youth Amicus Nov 28, 2023 2:36 PM Brief
Order - Amicus-Grant Participation - Youth Amici are granted leave to file their amicus brief on November 28, 2023 Nov 28, 2023 1:18 PM Order - Other
Motion - Amicus - Leave to Participate - 16 Youth Plaintiffs Nov 27, 2023 4:26 PM Motion
Order - Grant - Extension of Time - IT IS HEREBY ORDERED that Appellees are granted an extension to December 28, 2023, to file their reply brief. No further extensions will be granted Nov 24, 2023 10:51 AM Order - Extension
Notice - Outgoing - Appellant DEQ's Reply and Answer to Cross Appeal Brief Filed Nov 21, 2023 2:58 PM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Nov 21, 2023 11:51 AM Cross Reply Brief
Motion - Unopposed - Appellees'/Cross-Appellants' unopposed motion for leave to file one combined reply brief Nov 17, 2023 10:12 AM Motion
Order - Deficiencies-Brief - IT IS ORDERED that the Appellant DEQ's brief is rejected. within 10 days of the date of this Order the Appellant DEQ shall electronically file a revised brief and shall serve copies of the revised brief on all parties of record; THAT no changes, additions, or deletions other than those specified in this Order may be made to the brief as originally filed; and THAT the times for any subsequent briefing shall run from the date of filing of the revised brief Nov 14, 2023 11:00 AM Order - Deficiency
Notice - Outgoing - Appellant Northwestern Energy's Reply and Answer to Cross-Appeal Brief Filed Nov 13, 2023 10:39 AM Notice - Outgoing
Brief - Appellant Northwestern Energy's Reply and Answer to Cross Appeal Nov 13, 2023 9:30 AM Appellant Reply Brief
Order - Appellant State of Montana is granted an extension to December 13, 2023, to prepare, serve, and file a response to Cross-Appellants' Combined Opening and Answer Brief Nov 9, 2023 4:11 PM Order - Extension
Motion - Unopposed - APPELLANT, State of Montana - Extension of Time - Brief (First Request 30 Days) Nov 9, 2023 1:39 PM Motion
Notice - Outgoing - Brief Filed - Appellees/Cross-Appellants Oct 12, 2023 8:01 AM Notice - Outgoing
Brief - Appellee and Cross-Appellant Oct 11, 2023 4:22 PM Appellee Response Brief
Order - Briefing/Scheduling - the Appellees'/Cross-Appellants' motion for leave to file a combined opening and answer brief of no more than 11,500 words is GRANTED Oct 3, 2023 4:16 PM Order - Other
Motion - Appellees'/Cross-Appellants' Unopposed Motion to file an Overlength Brief Oct 3, 2023 1:59 PM Motion
Order - Grant - Extension of Time - Cross Appellants are granted until 10/11/23 to file the combined opening and answer brief Aug 30, 2023 11:26 AM Order - Extension
Motion - Unopposed -Cross Appellants Motion and Affidavit for Second or Subsequent Extension Aug 30, 2023 10:26 AM Motion
Extension - Grant of Extension - Cross Appellants MEIC and Sierra Club are given until 9/11/23 to file their combined brief Jul 21, 2023 1:10 PM Extension
Motion - Unopposed - Appellees/Cross-Appellant's Extension of Time - Brief (First Request 30 Days) Jul 21, 2023 9:42 AM Motion
Notice - Outgoing - Appellant Montana DEQ's Brief Filed Jul 14, 2023 1:26 PM Notice - Outgoing
Notice - Outgoing -Appellant Northwestern Energy's Brief Filed Jul 14, 2023 1:25 PM Notice - Outgoing
Brief - Appellant Montana DEQ's Opening Jul 12, 2023 3:59 PM Appellant Opening Brief
Brief - Appellant Northwestern Energy's Opening Jul 12, 2023 1:29 PM Appellant Opening Brief
Notice - Incoming - Notice to Intervene - Attorney General - Constitutional Question Jul 6, 2023 1:18 PM Notice - Incoming
Notice of Cross Appeal - Montana Environmental Information Center and Sierra Club Jun 20, 2023 3:22 PM Notice
fees - Filing Fee Paid (E-Filing) Jun 20, 2023 3:22 PM Other
Order - Consolidating Cases - Cause Nos. DA 23-0225 and DA 23-0320 are hereby consolidated under Cause No. DA 22-0225 and the opening brief shall be due July 12, 2023 Jun 19, 2023 11:17 AM Order - Other
Notice - Incoming - Constitutional Question Jun 16, 2023 12:03 PM Notice - Incoming
Motion - Unopposed - Consolidate Appeals and Establish a Briefing Schedule Jun 15, 2023 11:43 AM Motion
Notice - Outgoing - District Court Record Filed Jun 8, 2023 4:19 PM Record
DC Record Filed for Cause No. DV 21-1307 consisting of electronic documents 1-57 and Case Register Report Jun 8, 2023 4:18 PM Record
Notice - Outgoing - Cross Appeal Notice Jun 5, 2023 5:19 PM Notice - Outgoing
Notice of Cross Appeal - Montana Environmental Information Center Jun 5, 2023 4:10 PM Notice
Fees - Filing Fee Paid (E-Filing) Jun 5, 2023 4:10 PM Fees
Extension - Appellant NorthWestern Corporation d/b/a NorthWestern Energy shall have up to and including June 19, 2023 to file its opening brief May 16, 2023 3:18 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Opening Brief (First Request 30 Days) May 16, 2023 11:28 AM Motion
Notice - Outgoing - District Court Record Filed Apr 18, 2023 8:36 AM Record
Record - DC Record Filed - electronically transmitted documents 1-85 and updated case register report Apr 18, 2023 8:34 AM Record
Notice - Outgoing - Appeal Notice Apr 17, 2023 3:12 PM Notice - Outgoing
Notice of Appeal Filed Apr 17, 2023 2:47 PM Notice
Fees - Filing Fee Paid (E-Filing) Apr 17, 2023 2:47 PM Fees