Upper Missouri Waterkeeper v. United States Environmental Protection Agency et al

Filing 186

ORDER (1) The Clerk shall enter Final Judgment in this matter in accordance withthe Courts orders on March 25th, 2019 (Doc. 177) and July 16, 2019(Doc. 184).(2) All other relief requested by the parties in this action is denied. Signed by Judge Brian Morris on 9/17/2019. (SLL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UPPER MISSOURI WATERKEEPER,
CV-16-52-GF-BMM

Plaintiff,
vs.

ORDER

UNITED STATES
ENVIRONMENTAL PROTECTION
AGENCY and SCOTT PRUITT,
Administrator, United States
Environmental Protection Agency,
Defendants,
and
STATE OF MONTANA
DEPARTMENT OF
ENVIRONMENTAL QUALITY,
TREASURE STATE RESOURCES
ASSOCIATION OF MONTANA,
MONTANA LEAGUE OF CITIES
AND TOWNS, and NATIONAL
ASSOCIATION OF CLEAN WATER
AGENCIES
Defendants and Intervenors.

The Court granted in part, and denied in part, Plaintiff Upper Missouri
Waterkeeper’s motion for summary judgment. The Court also granted in part, and
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denied in part, cross-motions for summary judgment filed by Defendants United
States Environmental Protection Agency (“EPA”) and Scott Pruitt, EPA
Administrator, and Defendant-Intervenors State of Montana Department of
Environmental Quality (“DEQ”), Treasure State Resources Association of
Montana, Montana League of Cities and Towns, and National Association of Clean
Water Agencies (collectively “Defendants”). (Doc. 177.) The Court also requested
additional briefing on the appropriate remedy should the parties not be able to
agree on that issue. (Id. at 35.)
The parties submitted briefing and the Court issued an order remanding this
matter to DEQ. (Doc. 184.) The Court set out a timeline for DEQ and EPA to
complete and review DEQ’s plan to set a new timeline that begins with the
attainment of the Current Variance Standard and works toward attainment of
Montana’s Base Water Quality Standards (WQS). (Id.)
EPA filed a new Unopposed Motion for Clarification on whether the remedy
order represented the Court’s final act in this matter, aside from taxing costs or
awarding fees. (Doc. 185.)

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ACCORDINGLY, IT IS HEREBY ORDERED that:
(1)

The Clerk shall enter Final Judgment in this matter in accordance with
the Court’s orders on March 25th, 2019 (Doc. 177) and July 16, 2019
(Doc. 184).

(2)

All other relief requested by the parties in this action is denied.
DATED this 17th day of September, 2019.

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