02/22/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0068
Case No. DA 22-0068
MONTANA ENVIRONMENTAL INFORMATION CENTER and SIERRA
CLUB,
Plaintiffs / Appellees,
v.
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, MONTANA
BOARD OF ENVIRONMENTAL REVIEW,
Respondents,
and
WESTERN ENERGY CO., NATURAL RESOURCE PARTNERS, L.P.,
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 400, and
NORTHERN CHEYENNE COAL MINERS ASSOCIATION,
Respondent-Intervenors / Appellants.
[PROPOSED] ORDER
On February 18, 2022, Respondent-Intervenors/Appellants Westmoreland
Rosebud Mining, LLC, f/k/a Western Energy Co., Natural Resource Partners, L.P.,
International Union of Operating Engineers, Local 400, and Northern Cheyenne
Coal Miners (together, Appellants) filed an unopposed motion under Mont. R.
App. P. 8(6) to correct deficiencies in the record delivered to this Court.
Appellants pointed out that the administrative record from the Montana Board of
Environmental Review, which is required for judicial review of contested case
proceedings under the Montana Administrative Procedures Act, see Mont. Code
Ann. §§ 2-4-704(1), -614, was not included in the district court record.
IT IS ORDERED that Appellants’ motion to correct the record is
GRANTED and pursuant to Mont. R. App. P. 8(6), the district court shall provide
the administrative record to this Court
Electronically signed by:
Mike McGrath
Chief Justice, Montana Supreme Court
February 22 2022