Park Co. Environmental v. DEQ

Opinion

05/19/2020

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0492

DA 19-0492

PARK COUNTY ENVIRONMENTAL COUNCIL and GREATER YELLOWSTONE COALITION, FILED Plaintiffs and Appellees, MAY 1 9 2020 Bowen Greenwooa v. Clerk of Suprerne Cou rt State of Montana

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY and LUCKY MINERALS,INC., ORDER Defendants and Appellants,

and

STATE OF MONTANA,by and through the Office ofthe Attomey General,

Intervenor and Appellant.

Having considered the parties' briefs and reviewed the record in this matter, the Court requests supplemental briefing on the following questions:

Does the Congressional withdrawal of federal lands in the Emigrant Crevice Area require the District Court to reconsider its order in 2018 granting summary judgment?

Does the withdrawal require DEQ to conduct a new MEPA analysis taking into consideration the actions ofthe United States Congress?

How does the withdrawal impact Lucky's ability to conduct road improvements to allow access of its mining equipment, given that such improvements would take place on Forest Service roads within the withdrawal area?

IT IS HEREBY ORDERED that the parties are directed to file simultaneous supplemental briefs within thirty days of the date of this Order addressing the issues set forth above. Each party's brief shall be limited to 5,000 words. The Clerk is qizted to provide copies of this Order to all counsel of record. Dated this I S day of May,2020.

For the Court,

Chief Justice