Hastings v. Idwr

Summary

The Court affirmed summary judgment for the Idaho Department of Water Resources, holding that the Department’s enforcement action was timely because the Consent Order did not impose a firm construction-completion deadline and Hastings’s petition challenging permit conditions was not a breach. The Court also upheld judicial notice of the Conditional Permit and denial of additional discovery, concluding that the district court acted within its discretion. The Court denied appellate attorney fees to the Department but awarded it costs as the prevailing party.