Justia Government & Administrative Law Opinion Summaries

In Montana’s ongoing water rights claims adjudication proceedings, the Bureau of Land Management (BLM) filed six water right claims related to one natural pothole and five reservoirs. The water sources were located wholly or partially on federal land. The BLM claimed the right to use each source for stock watering by its grazing permittees and for wildlife. Certain objectors (Objectors) raised objections to each claim, arguing that the BLM did not perfect any water rights. The Water Master recommended summary judgment in favor of the BLM on each claim. The Water Court granted partial summary judgment to the BLM and remanded a portion of the pothole claim to the Master for further proceedings. The Supreme Court affirmed, holding (1) the Water Court correctly found that the BLM properly perfected state law water rights in the reservoirs; and (2) The Water Court did not err in granting partial summary judgment on the pothole claim. View "Bureau of Land Management - Barthelmess" on Justia Law

After she was demoted from her position with the Montana Department of Transportation, Sheila Cozzie filed a grievance. Following a contested case proceeding, the hearing examiner recommended that Cozzie’s grievance be denied. Cozzie appealed to the full Board of Personnel Appeals (BOPA). The BOPA voted to grant Cozzie’s grievance and issued a final decision reinstating Cozzie. On appeal, the district court ruled that BOPA acted outside the scope of review, concluding that the BOPA improperly struck findings of fact and incorrectly modified conclusions of law. The Supreme Court affirmed, holding that the district court (1) did not err by affirming the evidentiary ruling made by the hearing examiner; and (2) did not err by reversing the BOPA’s just cause decision. View "Department of Transportation v. Department of Labor" on Justia Law

The Montana Department of Revenue (DOR) informed Alpine Aviation, Inc. that it would be centrally assessed pursuant to Mont. Code Ann. 15-23-101 and 15-6-145. The DOR denied Alpine’s request for reclassification. After Alpine appealed to the State Tax Appeal Board, DOR brought an interlocutory appeal to the district court seeking an adjudication of the meaning of “scheduled airline” and “scheduled air commerce” for property tax purposes. Those terms are further informed by the statutory phrase “regularly scheduled flights.” After the district court interpreted the phrases as requested, Alpine appealed, arguing that the court incorrectly interpreted the phrase “regularly scheduled flights.” The Supreme Court affirmed in part and reversed in part, holding that the district court’s definition of “regularly scheduled flight” was satisfactory with the exception of its use of the phrase “patterned but not necessarily uniform.” View "Department of Revenue v. Alpine Aviation, Inc" on Justia Law

Appellee filed an action against Missoula Electric Cooperative (MEC), asserting age discrimination in the hiring process. A Human Rights Bureau Investigator granted summary judgment for MEC, concluding that, as a matter of law, Appellee could not prove a case against MEC. The Human Rights Commission overturned its Hearing Examiner’s decision. The district court affirmed, holding that the Commission properly reversed the Hearing examiner’s decision because genuine issue of material fact existed, thus precluding summary judgment. The Supreme Court affirmed, holding that the Commission did not err by determining that the Hearing Examiner improperly granted summary judgment to MEC. View "Missoula Electric Cooperative v. Jon Cruson Inc." on Justia Law

Citizens for a Better Flathead brought this lawsuit challenging Flathead County’s 2012 Revised Growth Policy, asserting that the Flathead County Planning Board and the County Commission violated Montana statutes, the Montana Constitution, and Flathead County’s own procedures when they developed the revised policy without adequate public participation. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in striking Citizens’ expert report; (2) did not err in determining that the Commission substantially complied with the growth policy’s mandatory procedures for adopting revisions; (3) did not err in determining that the Commission allowed for meaningful public participation in the revision process; (4) did not err in determining that the Commission adequately incorporated public comments into its decision-making process; and (5) properly concluded that Part 6 of the revised growth policy is not unconstitutional. View "Citizens for a Better Flathead v. Bd. of County Comm’rs of Flathead County" on Justia Law

This matter involved a challenge to the final order of the Montana Public Service Commission disallowing $1,419,427 in claimed excess electric regulation costs and adjusted energy efficiency savings calculations. NorthWestern Corporation - doing business as NorthWestern Energy, the Natural Resources Defense Council, and Human Resources Council, District XI appealed the Commission’s decision. The district court affirmed the Commission’s final order. The Supreme Court affirmed, holding (1) the Commission used the correct legal standard in reviewing NorthWestern’s claim for excess outage costs; and (2) the “free ridership” and “spillover” calculations adopted by the Commission were supported by substantial evidence. View "Northwestern Corp. v. Dep’t of Pub. Serv. Regulation" on Justia Law

Carbon County Resource Council and Northern Plains Resources Council (collectively, Resource Councils) challenged the Montana Board of Oil and Gas Conservation’s (the Board) approval of well stimulation activities at an exploratory gas well in Carbon County. Specifically, Resource Councils claimed that the Board’s permitting process violated their constitutional right to meaningfully participate in government decisions. The district court concluded that Resource Councils’ constitutional challenge was not ripe for judgment and granted summary judgment in favor of the Board. The Supreme Court reversed, holding (1) Resource Councils’ claims are ripe for judicial review; but (2) the Board did not violate Resource Councils’ right to participate in its consideration of the permit at issue in this case. View "Carbon County Res. Council v. Bd. of Oil & Gas Conservation" on Justia Law

Jon Krakauer, a journalist and resident of Colorado, published a book chronicling instances of alleged sexual misconduct on or near the Missoula campus of the University of Montana. This case involved Krakauer’s request for release of certain student records related to one instance of allegations of sexual assault. The Commissioner of Higher Education denied Krakauer’s request, and Krakauer filed a petition in the district court citing the right to know under the Montana Constitution. The district court granted summary judgment to Krakauer and ordered the Commissioner to make available for inspection the requested records. The Supreme Court affirmed in part and reversed in part, holding (1) the Family Educational Rights and Privacy Act of 1974 (FERPA) and state statute provide an exception for release of information pursuant to a lawfully issued court order; and (2) the records at issue in this case appear to fall under the “personally identifiable information” protection granted by FERPA. Remanded for further proceedings. View "Krakauer v. Comm’n of Higher Educ." on Justia Law

The Water Use Act permits certain groundwater appropriations to be exempt from the permitting process. An exception to one exemption is when a “combined appropriation” from the same source by two or more wells or springs exceeds a certain amount per year. At issue in this case was the definition of the term “combined appropriation.” After an adverse ruling from the Department of Natural Resources and Conservation (DNRC) hearing examiner, a group of senior water users (the Coalition) challenged the validity of Admin. R. M. 36.12.101(13), which states that the term “combined appropriation” means “groundwater developments that are physically manifold into the same system.” The district court invalidated Admin. R. M. 36.12.101(13), reinstated Admin. R. M. 36.12.101(7), which provided that “[g]roundwater developments need not be physically connected nor have a common distribution system to be considered a ‘combined appropriation’” and directed the DNRC to formulate a new administrative rule consistent with the court’s order. The Supreme Court affirmed, with the exception of the requirement that the DNRC initiate rulemaking, holding (1) the district court did not err by invalidating the newer administrative rule and reinstating the older rule; and (2) it was the DNRC’s decision whether to initiate rulemaking to change the reinstated rule. View "Clark Fork Coalition v. Montana Well Drillers Ass’n" on Justia Law

When Chrysler Group, LLC filed with the Montana Department of Justice, Motor Vehicle Division a notice of intent to establish an additional Chrysler-Jeep dealership in Billings, Lithia Motors, Inc. filed an administrative protest. The Department sustained Lithia’s protest. Rimrock Chrysler, Inc. sought judicial review, but the district court dismissed the petition on the grounds of mootness and lack of a justiciable controversy. While Rimrock’s appeal was pending, the Sixth Circuit Court of Appeals ruled that section 747 of the United States Consolidated Appropriations Act of 2010 preempted state regulation of new dealerships issued under certain dealership protest laws. The Montana Supreme Court dismissed Rimrock’s appeal. On remand, Rimrock moved to vacate the Department’s administrative decision and to dismiss the the judicial review proceeding on the ground that section 747 preempted Montana dealer protest laws and deprived the state of subject matter jurisdiction to hear the administrative claim. The district court denied Rimrock’s motion and dismissed the appeal. The Supreme Court (1) affirmed the district court’s order denying Rimrock’s motion to vacate and to dismiss, holding that Rimrock waived its section 747 preemption defense when it entered into the settlement agreement; and (2) reversed the district court’s order dismissing Rimrock’s petition for judicial review, holding that Rimrock’s petition involved a justifiable controversy, and the court erred in concluding otherwise. View "Rimrock Chrysler, Inc. v. Lithia Motors, Inc." on Justia Law