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NPRC. v. MONTANA BD. OF LAND COM'RS

Nos. DA 12-0184, DA 12-0185.

288 P.3d 169 (2012)

2012 MT 234

NORTHERN PLAINS RESOURCE COUNCIL, INC. and National Wildlife Federation, Plaintiffs and Appellants, v. MONTANA BOARD OF LAND COMMISSIONERS, State of Montana, Ark Land Company, Inc. and Arch Coal, Inc., Defendants and Appellees. Montana Environmental Information Center and Sierra Club, Plaintiffs and Appellants, v. Montana Board of Land Commissioners, Ark Land Company, Inc. and Arch Coal, Inc., Defendants and Appellees.

Supreme Court of Montana.

Decided October 23, 2012.

Attorney(s) appearing for the Case

For Appellants: Jack R. Tuholske; Tuholske Law Office, Missoula, Montana, Patrick Parenteau; Vermont Law School, South Royalton, Vermont, (for Northern Plains Resource Council and National Wildlife Federation), Timothy J. Preso, Jenny K. Harbine; Earthjustice, Bozeman, Montana, (for Montana Environmental Information Center and Sierra Club).

For Appellees: Steve Bullock, Montana Attorney General; Jennifer M. Anders, Assistant Attorney General, Keif Storrar, Legal Intern, Candace F. West, Tommy H. Butler, Special Assistant Attorneys General, Montana Department of Natural Resources and Conservation, Helena, Montana, Mark L. Stermitz, Jeffery J. Oven, Christopher C. Stoneback; Crowley Fleck PLLP, Missoula, Montana (for Ark Land Company, Inc. and Arch Coal, Inc.).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The Northern Plains Resource Council, the National Wildlife Federation, the Montana Environmental Information Center, and the Sierra Club (collectively referred to as NPRC) appeal from the District Court's memorandum and order of February 3, 2012 granting summary judgment to the Montana Board of Land Commissioners, Ark Land Co., and Arch Coal. We affirm.

¶ 2 We restate the issue for...

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