Here is the opinion in Northern Cheyenne Tribe v. Montana Dept. of Environmental Quality, out of state trial court in Montana — northern-cheyenne-v-montana-deq
An excerpt:
Before the Court are motions for summary judgment filed by Plaintiff Northern Cheyenne Tribe and Plaintiffs-Intervenor Tongue River Water Users’ Association and Northern Plains Resource Council and cross-motions for summary judgment filed by Defendants Montana Department of Environmental Quality and Richard Opper and Defendant-Intervenor Fidelity Exploration & Production Company. A hearing on the motions was held on February 28, 2007 at the Stillwater County Courthouse, Columbus, Montana. John B. Arum and Brian C. Gruber of Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington and James L. Vogel of Hardin, Montana were present representing the Northern Cheyenne Tribe (Tribe). Brenda Lindlief-Hall of Reynolds, Motl & Sherwood, Helena, Montana appeared on behalf of Tongue River Water Users’ Association (TRWUA). Jack R. Tuholske of Missoula, Montana appeared on behalf of Northern Plains Resource Council (NPRC). Special Assistant Attorney General Claudia L. Massman appeared on behalf of the Montana Department of Environmental Quality and Mr. Opper (collectively, DEQ). Jon Metropoulos and Alan L. Joscelyn of Gough, Shanahan, Johnson and Waterman, Helena, Montana appeared on behalf of Fidelity Exploration & Production Company (Fidelity). Upon due consideration of the briefs and argument of counsel, the available record, together with the applicable law, the Court determines that there are no issues of material fact and judgment as a matter of law in favor of Defendant and Defendant-Intervenor is warranted. Accordingly, for the reasons stated below, the motions for summary judgment of the Tribe, TRWUA and NPRC should be denied and the cross-motions for summary judgment of the DEQ and Fidelity should be granted.
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