IN THE SUPREME COURT OF THE STATE OF MONTANA
CLARK FORK COALITION, ROCK CREEK )
ALLIANCE, INC., CABINET RESOURCE GROUP, )
MONTANA ENVIRONMENTAL INFORMATION )
CENTER, AND TROUT UNLIMITED,
For Full Legal Complaint Click on No. DA 06-0774
¶1 Revett Silver Company (Revett) has filed a motion to dismiss the appeal herein. Appellants Clark Fork Coalition, et al. (Coalition), oppose the motion. Respondent Montana Department of Environmental Quality (DEQ) has not filed a response to the motion to dismiss.
¶2 This matter arises out of a challenge to a pollution discharge elimination system permit granted by DEQ to Revett for use at its proposed Rock Creek Mine in Sanders County. The Coalition filed an action challenging DEQ’s issuance of the permit on January 28, 2002, and Revett was not named in the action. The Coalition and DEQ ultimately agreed to present the matter for resolution on summary judgment, and the
2
Coalition moved for summary judgment in December 2004. On January 31, 2005, three years after the suit was filed and while the Coalition’s summary judgment motion was pending, Revett sought to intervene as a defendant in the matter. On July 12, 2005, the First Judicial District Court, Lewis and Clark County, Honorable Jeffrey Sherlock presiding, denied Revett’s motion to intervene as untimely, noting that Revett had "actual notice of the action shortly after the complaint was filed, more than three years ago" and had "ample notice and opportunity to file its motion to intervene at an earlier stage in the proceedings." After being denied intervention, Revett did not further participate in the litigation, nor seek supervisory control of the proceeding by this Court.
¶3 After briefing and argument, the District Court granted summary judgment to DEQ on Count I of the Coalition’s amended complaint, to the Coalition on Count II, and ordered that Count III be set for trial. The parties thereafter agreed that all of the facts regarding Count III had been fully established and that a trial would not further develop the claim. Further, the Coalition took the position that the District Court’s decision on Count I would direct a favorable outcome to DEQ on Count III. Therefore, on September 12, 2006, the parties stipulated to the entry of final judgment in favor of DEQ on Counts I and III and in favor of the Coalition on Count II. The District Court accepted the stipulation and entered final judgment accordingly.1
¶1 Revett Silver Company (Revett) has filed a motion to dismiss the appeal herein. Appellants Clark Fork Coalition, et al. (Coalition), oppose the motion. Respondent Montana Department of Environmental Quality (DEQ) has not filed a response to the motion to dismiss.
¶2 This matter arises out of a challenge to a pollution discharge elimination system permit granted by DEQ to Revett for use at its proposed Rock Creek Mine in Sanders County. The Coalition filed an action challenging DEQ’s issuance of the permit on January 28, 2002, and Revett was not named in the action. The Coalition and DEQ ultimately agreed to present the matter for resolution on summary judgment, and the
2
Coalition moved for summary judgment in December 2004. On January 31, 2005, three years after the suit was filed and while the Coalition’s summary judgment motion was pending, Revett sought to intervene as a defendant in the matter. On July 12, 2005, the First Judicial District Court, Lewis and Clark County, Honorable Jeffrey Sherlock presiding, denied Revett’s motion to intervene as untimely, noting that Revett had "actual notice of the action shortly after the complaint was filed, more than three years ago" and had "ample notice and opportunity to file its motion to intervene at an earlier stage in the proceedings." After being denied intervention, Revett did not further participate in the litigation, nor seek supervisory control of the proceeding by this Court.
¶3 After briefing and argument, the District Court granted summary judgment to DEQ on Count I of the Coalition’s amended complaint, to the Coalition on Count II, and ordered that Count III be set for trial. The parties thereafter agreed that all of the facts regarding Count III had been fully established and that a trial would not further develop the claim. Further, the Coalition took the position that the District Court’s decision on Count I would direct a favorable outcome to DEQ on Count III. Therefore, on September 12, 2006, the parties stipulated to the entry of final judgment in favor of DEQ on Counts I and III and in favor of the Coalition on Count II. The District Court accepted the stipulation and entered final judgment accordingly.1
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