11/14/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
DA 23-0225
_________________
MONTANA ENVIRONMENTAL
INFORMATION
CENTER and SIERRA CLUB,
Plaintiffs and Appellees and Cross-
Appellants,
v.
MONTANA DEPARTMENT OF
ENVIRONMENTAL ORDER
QUALITY AND NORTHWESTERN ENERGY,
INC.,
Defendants, Appellants and Cross-
Appellees,
STATE OF MONTANA, by and through
the OFFICE OF THE ATTORNEY GENERAL,
Intervenor-Defendant.
_________________
This Court reviews briefs to ensure compliance with the Montana Rules of
Appellate Procedure. After reviewing the Appellant/Cross-Appellee Montana
Department of Environmental Quality’s combined reply brief and answer to cross-appeal
filed electronically on November 13, 2023, this Court has determined that the brief does
not comply with the below-referenced Rules and must be resubmitted.
M. R. App. P. 12(3) provides that an “appellant may file a brief in reply to the
brief of the appellee.” The Rule further provides that the M. R. App. P. 11(4) “word or
page limit for reply briefs applies even if the reply brief also contains a response to a
cross-appeal.” M. R. App. P. 11(4)(a) provides that reply briefs, including those “which
also answer a cross-appellant’s principal brief,” “shall not exceed 5,000 words.”
Appellant/Cross-Appellee certifies its combination reply and answer brief is
“7,362 words.” The brief is overlength and must be resubmitted.
Therefore,
IT IS ORDERED that the referenced brief is rejected.
IT IS FURTHER ORDERED that within ten (10) days of the date of this Order the
Appellant/Cross-Appellee shall electronically file with the Clerk of this Court a revised
brief containing the revisions necessary to comply with the specified Rules and shall
serve copies of the revised brief on all parties of record;
IT IS FURTHER ORDERED that no changes, additions, or deletions other than
those specified in this Order may be made to the brief as originally filed; and
IT IS FURTHER ORDERED that the times for any subsequent briefing contained
in M. R. App. P. 13 shall run from the date of filing of the revised brief.
The Clerk is directed to provide a true copy of this Order to the Appellant/Cross-
Appellee and all parties of record.
Electronically signed by:
Dirk Sandefur
Justice, Montana Supreme Court
November 14 2023