Montana Supreme Court Finds Montana DEQ Violated Clean Water Act in Tongue River Case

Here are the materials in Northern Cheyenne Tribe v. Montana Dept. of Environmental Quality:

Northern Cheyenne Brief

Environmental Groups Revised Opening Brief

Montana DEQ Answer Brief

Fidelity Exploration Appellee Brief

Northern Cheyenne Reply Brief

Environmental Groups Reply Brief

Montana Supreme Court Opinion

Tongue River Dispute — Montana v. Wyoming Orig.

This case arises out of a dispute between the two states over the Tongue River, which serves as a source of water for the Northern Cheyenne: “The Northern Cheyenne, whose primary water source is the Tongue River, lent their support to Montana in a move to protect their own claims. The compact specifically says that nothing in the document ‘shall be so construed or interpreted as to affect adversely any rights to the use of the waters of the Yellowstone River and its tributaries owned by or for Indians, Indian tribes and their reservations.'” (from the Billings Gazette).

Here is the government’s brief favoring Montana’s position.

Other briefs will be posted as they come on line.