Pompeys Pillar Historical Association v. Montana Department of Environmental Quality and United Harvest, LLC

Summary

The Supreme Court of Montana affirmed dismissal of the Pompeys Pillar Historical Association’s petition for review for lack of subject matter jurisdiction. The court held that the Association challenged the sufficiency of an environmental assessment and the decision not to prepare an environmental impact statement under the Montana Environmental Policy Act, rather than air-quality issues governed by the Clean Air Act of Montana. Because MEPA did not authorize administrative contested-case review of those challenges, the district court lacked jurisdiction to review the administrative proceedings.

Holdings

1. The Association was not entitled to administrative contested-case review because its challenge concerned compliance with the Montana Environmental Policy Act, not air-quality issues governed by the Montana Clean Air Act. MEPA did not provide a corresponding contested-case procedure before the Board of Environmental Review.
2. The district court lacked jurisdiction to review the Board's determination because the administrative law judge and Board lacked jurisdiction over the Association's MEPA challenge. The dismissal for lack of subject matter jurisdiction was proper.

Questions Presented

1. Whether the district court had subject matter jurisdiction to review administrative proceedings concerning the adequacy of a MEPA environmental assessment and the decision not to prepare an environmental impact statement.
2. Whether the Association was entitled to pursue those MEPA challenges through a contested-case proceeding before the Board of Environmental Review.

Disposition

affirmed