Park Co. Environmental v. DEQ

DA 19-0492 ·Direct Appeal ·Civil ·Closed
Docket DA 19-0492
Type Direct Appeal — Environmental Issues
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV 17-126
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Dec 29, 2020
Classified Aug 13, 2020
Appeal filed Aug 27, 2019
Record filed Sep 30, 2019
Oral argument Sep 30, 2020
Briefing ended Jul 10, 2020
Opinion issued Dec 8, 2020
Briefing started Sep 30, 2019
Sent to the court Feb 11, 2020
Submitted for decision Sep 30, 2020
Appellant Reply Brief Filed Jul 10, 2020
Appellant Opening Brief Filed Nov 29, 2019
Appellee Response Brief Filed Jul 10, 2020

Calculated

from the docket dates
Appeal filed to briefing start 34
Briefing days 283
Briefing start to opening brief filed 60
Classified to Opinion 117
Close of briefing to sent to court 150
Filing date to Opinion 469
Filing date to closed 490
Opening to response 223
Opinion to closed 20
Oral argument to Opinion 69
Response to reply 0
Sent to court to classified 184
Sent to court to oral argument 232
Submitted for decision to Opinion 301

Tags

Affirmed in part, reversed in part Closed Oral Argument Published opinion

Parties

Appellant
State of Montana
Represented by Robert Cameron
Appellant
Environmental Quality, Montana Department of
Represented by Edward Hayes
Appellee
Greater Yellowstone Coalition, Inc.
Represented by Jenny Kay Harbine
Appellant
Lucky Minerals, Inc
Represented by KD Feeback
Appellee
Park County Environmental Council
Represented by Jenny Kay Harbine

Opinion

Park Co. Environmental v. DEQ, 2020 MT 303

Affirmed in part, reversed in part on December 8, 2020, in a 7 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 11, 2021 11:43 AM Record
Record - DC Record Returned to District Court Dec 29, 2020 11:57 AM Record
Event - Case Closed Dec 29, 2020 11:57 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 29, 2020 11:55 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 29, 2020 11:53 AM Closing Notice
Opinion - Published - Chief Justice McGrath authored, Affirmed in Part, Reversed in Part, and Remanded Dec 8, 2020 2:48 PM Opinion
Event - Oral Argument Presented - Edward Hayes argued for Appellant DEQ, KD Feeback argued for Appellant Lucky Minerals, Robert Cameron argued for Appellant State of Montana, and Jenny Kay Harbine argued for the Appellee. The matter was taken under advisement at 10:50 a.m Sep 30, 2020 11:00 AM Event
Appellant's Notice as to Oral Argument Sep 29, 2020 10:54 AM Other
Notice of Oral Argument (Cameron) Sep 3, 2020 2:43 PM Notice
Notice of Oral Argument (Harbine) Aug 14, 2020 12:55 PM Notice
Notice of Oral Argument (Hayes) Aug 14, 2020 11:24 AM Notice
Notice of Oral Argument (Feeback) Aug 14, 2020 8:22 AM Notice
Notice - Outgoing - Oral Argument Scheduled Aug 13, 2020 11:54 AM Notice - Outgoing
Order - RE- Classified - Oral Argument set for Wednesday, September 30, 2020, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Mazurek Justice Building, Helena, Montana Aug 13, 2020 11:48 AM Classifying Notice
Event - Sent to Court-Pleading - Supplemental Briefs Jul 13, 2020 1:15 PM Event
Notice - Outgoing - Brief Filed (Lucky Minerals Supplemental) Jul 13, 2020 11:49 AM Notice - Outgoing
Notice - Outgoing - Brief Filed (DEQ Supplemental) Jul 13, 2020 11:48 AM Notice - Outgoing
Brief - Supplemental (Lucky Minerals) Jul 10, 2020 4:49 PM Brief
Notice - Outgoing - Brief Filed (Appellant State of Montana) Jul 10, 2020 4:47 PM Notice - Outgoing
DEQ's Supplemental Brief Jul 10, 2020 4:36 PM Other
Notice - Outgoing - Brief Filed (Appellees) Jul 10, 2020 3:03 PM Notice - Outgoing
Brief - Supplemental (Appellant State of Montana) Jul 10, 2020 2:28 PM Appellant Reply Brief
Brief - Supplemental (Appellees) Jul 10, 2020 2:05 PM Appellee Response Brief
Order - Grant - Extension of Time - all parties are granted until 7/10/20 to file supplemental briefs Jun 3, 2020 4:56 PM Order - Extension
Motion - Unopposed - Extension of Time - Supplemental Briefs Jun 3, 2020 4:17 PM Motion
Order - Supplemental Briefing - parties are directed to file simultaneous supplemental briefs within 30 days of the date of this order addressing issues in Order. Each party's brief shall be limited to 5,000 words May 19, 2020 4:39 PM Order - Other
Order - oral argument is VACATED Apr 8, 2020 4:08 PM Order - Other
Order - oral argument is set for Thursday April 30, 2020, at 9:30 a.m. in the Courtroom of the Montana Supreme Court; no introduction will be given; no spectators will be allowed however the argument will be live-streamed Mar 17, 2020 4:50 PM Order - Other
Notice - Incoming - Appearance - Matthew T. Cochenour, Acting Solicitor General for the State of Montana Feb 20, 2020 3:36 PM Notice - Incoming
Event - Case Sent to Court Feb 11, 2020 9:09 AM Classifying Notice
Notice - Outgoing - Brief Filed (Lucky Minerals Reply) Feb 10, 2020 4:48 PM Notice - Outgoing
Notice - Outgoing - Brief Filed (State Reply) Feb 10, 2020 4:46 PM Notice - Outgoing
Notice - Outgoing - Brief Filed (DEQ Reply) Feb 10, 2020 4:21 PM Notice - Outgoing
Brief - Appellant Reply (Lucky Minerals) Feb 10, 2020 3:31 PM Appellant Reply Brief
Brief - Appellant Reply (State) Feb 10, 2020 3:21 PM Appellant Reply Brief
Brief - Appellant Reply (DEQ) Feb 10, 2020 2:05 PM Appellant Reply Brief
Notice - Outgoing - Oral Argument Scheduled Feb 5, 2020 3:51 PM Notice - Outgoing
Order - Classified - Oral Argument - Thursday, April 30, 2020 at 10:00 a.m., Strand Union Building, Ballroom A, Montana State University, Bozeman, Montana Feb 5, 2020 3:42 PM Classifying Notice
Notice - Outgoing - Brief Filed (Park County Environmental Counsel and Greater Yellowstone Coalition) Jan 28, 2020 10:53 AM Notice - Outgoing
Brief - Appellee's Response (Park County Environmental Counsel and Greater Yellowstone Coalition) Jan 27, 2020 3:36 PM Appellee Response Brief
Order - Grant Appellees Park County Environmental Council and Greater Yellowstone Coalition motion to file Appellees an expanded response brief of 13,000 words Jan 15, 2020 2:12 PM Order - Other
Motion - Unopposed - Brief - Enlarged Jan 14, 2020 3:54 PM Motion
Extension - Appellees may file and serve their response brief on or before January 27, 2020 Dec 17, 2019 4:14 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's response brief Dec 17, 2019 2:48 PM Motion
Notice - Outgoing - Brief Filed (Lucky Minerals) Dec 2, 2019 4:14 PM Notice - Outgoing
Brief - Appellant's Opening (Lucky Minerals) Nov 29, 2019 4:34 PM Appellant Opening Brief
Notice - Outgoing - Brief Filed (Appellant State of Montana Opening) Nov 29, 2019 2:30 PM Notice - Outgoing
Brief - Appellant's Opening (State of Montana) Nov 29, 2019 12:15 PM Appellant Opening Brief
Notice - Outgoing - Brief Filed (DEQ Opening) Nov 29, 2019 9:46 AM Notice - Outgoing
Brief - Appellant's Opening (DEQ) Nov 27, 2019 2:20 PM Appellant Opening Brief
Extension - Grant of Extension - Appellant Lucky Minerals is given until 11/29/19 to file the opening brief Oct 29, 2019 2:11 PM Extension
Motion - Unopposed - Extension of Time - Appellant Lucky Minerals' Brief (First Request 30 Days) Oct 29, 2019 9:53 AM Motion
Extension - Appellant State of Montana is granted an extension of time to and including November 29, 2019, within which to prepare, serve, and file its opening brief Oct 29, 2019 9:52 AM Extension
Motion - Unopposed - Extension of Time - Appellant State of Montana's Brief (First Request 30 Days) Oct 28, 2019 2:11 PM Motion
Motion - Unopposed - Extension of Time - to file Appellant DEQ's Brief Oct 22, 2019 2:44 PM Motion
Notice - Incoming - Attorney Withdrawal - Joshua R. Purtle as co-counsel Oct 2, 2019 11:38 AM Notice - Incoming
Notice - Outgoing - District Court Record Filed Sep 30, 2019 3:18 PM Record
DC Record/Exhibits/Transcript Filed for Cause No. DV 17-126 consisting of 3 manila file folders; 2 3-ring binders & 1 comb-bound binder of Exhibits; and 1 condensed Transcript w/DVD of January 3, 2019 hearing Sep 30, 2019 2:53 PM Other
Notice - Outgoing - Appeal Notice (State of Montana) Aug 28, 2019 9:01 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed (State of Montana) Aug 27, 2019 3:37 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 27, 2019 1:15 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed (DEQ) Aug 27, 2019 1:14 PM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed (Lucky Minerals) Aug 27, 2019 11:39 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Aug 27, 2019 11:39 AM Fees