75-20-406. Judicial review of decisions. (1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.
(2) The judicial review procedure is the procedure for contested cases under the Montana Administrative Procedure Act.
(3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
History: En. Sec. 12, Ch. 327, L. 1973; amd. Sec. 12, Ch. 494, L. 1975; R.C.M. 1947, 70-812; amd. Sec. 20, Ch. 676, L. 1979; amd. Sec. 8, Ch. 539, L. 1981; amd. Sec. 233, Ch. 418, L. 1995; amd. Sec. 21, Ch. 329, L. 1997; amd. Sec. 13, Ch. 293, L. 2001; amd. Sec. 24, Ch. 361, L. 2003; amd. Sec. 11, Ch. 337, L. 2005; amd. Sec. 72, Ch. 324, L. 2021.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 20. Major Facility Siting
Part 4. Postcertification and Legal Responsibilities
75-20-403. Revocation or suspension of certificate
75-20-404. Enforcement of chapter by residents
75-20-405. Action to recover damages to water supply
75-20-406. Judicial review of decisions
75-20-407. Jurisdiction of courts restricted
75-20-408. Penalties for violation of chapter -- civil actions to enforce
75-20-409. Optional annual installments for location of facility on landowner's property
75-20-410. Order not stayed by appeal -- stay or suspension by court -- limitations