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Bitterrooters for Planning, Inc. v. Mont. Dept. of Envtl. Quality

Bitterrooters for Planning, Inc. v. Mont. Dept. of Envtl. Quality, 2017 MT 222 (Sept. 5, 2017) (Sandefur, J.) (7-0, aff’d & rev’d)

Issue: (1) Whether MEPA requires DEQ to consider non-water-quality-related environmental impacts of the construction and operation of a retail store as secondary impacts of a groundwater discharge permit for an onsite wastewater treatment system; and (2) whether MEPA requires DEQ to identify the actual owner or operator of a wastewater treatment facility prior to issuing a groundwater discharge permit.

Short Answer: (1) No, and (2) yes.

Affirmed and reversed

Facts: In April 2014, DEQ received an application for a Montana groundwater pollution control system permit to discharge wastewater into groundwater on the site of a contemplated commercial development near Hamilton.…