Carbon County Resource Council v. Mont. Bd. of Oil & Gas Conservation, 2016 MT 240 (Sept. 27, 2016) (Baker, J.; McGrath, C.J., concurring) (5-0, rev’d)
Issue: Whether Plaintiffs’ claims were ripe for judicial review.
Short Answer: Yes.
Facts: In October 2013, Energy Corporation of America announced plans to develop oil and gas leases in the Beartooth Mountains. Energy Corp. filed an application with the Board for a permit to drill an exploratory oil and gas well in Carbon County, the Hunt Creek 1–H well. Carbon County Resource Council and Northern Plains Resource Council objected to the permit. The Board held a hearing, after which it approved the permit, stating that Energy Corp. did not propose hydraulic fracturing (fracking) at the site.…