Montana Supreme Court

PTC v. MT DEQ

August 20, 20242024 MT 181

Summary

The Montana Supreme Court held that Protect the Clearwater could not pursue a separate preliminary-injunction application under the general injunction statute because it had already filed a MEPA action challenging the same permit and seeking overlapping relief. The court construed the statutory scheme to make MEPA's exclusive injunctive-relief provisions applicable to challenges involving permits issued under either Title 75 or Title 82. It vacated the preliminary injunction and remanded with instructions to dismiss the separate application.