82-4-349. Limitations of actions -- venue. (1) Legal actions seeking review of a department decision granting or denying an exploration license or operating permit issued under this part must be filed within 90 days after the decision is made. Summons must be issued and process served on all defendants within 60 days after the action is filed.
(2) An action to challenge the issuance of a license or permit pursuant to this part must be brought in the county in which the exploration or permitted activity is proposed to occur. If an activity is proposed to occur in more than one county, the action may be brought in any of the counties in which the exploration or activity is proposed to occur.
(3) A judicial challenge to an exploration license or operating permit issued pursuant to this part by a party other than the license or permitholder or applicant must include the party to whom the license or permit was issued unless otherwise agreed to by the license or permitholder or applicant. All judicial challenges of licenses or permits 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. 1, Ch. 472, L. 1993; amd. Sec. 398, Ch. 418, L. 1995; amd. Sec. 7, Ch. 507, L. 1999; amd. Sec. 32, Ch. 361, L. 2003; amd. Sec. 16, Ch. 337, L. 2005.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 3. Metal Mine Reclamation
82-4-301. Legislative intent and findings
82-4-304. Exemption -- works performed prior to promulgation of rules
82-4-305. Exemption -- small miners -- written agreement
82-4-306. Confidentiality of application information
82-4-307. Review of existing files
82-4-309. Exemption -- operations on federal lands
82-4-310. Exemption -- scale and type of activity
82-4-311. Disposition of fees, fines, penalties, and other uncleared money
82-4-312. Hard-rock mining reclamation debt service fund
82-4-313. Hard-rock mining reclamation bonds
82-4-314. Authorization for sale of hard-rock mining reclamation bonds
82-4-315. Hard-rock mining reclamation special revenue account
82-4-316. through 82-4-320 reserved
82-4-322. Investigations, research, and experiments
82-4-323. Interagency cooperation -- receipt and expenditure of funds
82-4-324. through 82-4-330 reserved
82-4-331. Exploration license required -- employees included -- limitation
82-4-334. Exception -- geological phenomena
82-4-335. Operating permit -- limitation -- fees
82-4-336. Reclamation plan and specific reclamation requirements
82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision
82-4-341. Compliance -- reclamation by department
82-4-342. Amendment to operating permits
82-4-343. Operating permit -- rock products -- fees
82-4-344. through 82-4-348 reserved
82-4-349. Limitations of actions -- venue
82-4-350. Award of costs and attorney fees
82-4-351. Reasons for denial of permit
82-4-352. Reapplication with new reclamation plan
82-4-353. Administrative remedies -- notice -- appeals -- parties
82-4-354. Mandamus to compel enforcement
82-4-355. Action for damages to water supply -- replacement
82-4-356. Action in response to complaints related to use of explosives
82-4-357. Abatement of environmental emergencies
82-4-358. and 82-4-359 reserved
82-4-360. When activity prohibited -- exception
82-4-361. Violation -- penalties -- waiver
82-4-362. Suspension of permits -- hearing
82-4-363. through 82-4-366 reserved
82-4-367. Long-term or perpetual water treatment permanent trust fund
82-4-368. through 82-4-370 reserved
82-4-371. Reclamation of abandoned mine sites
82-4-372. Filing of lien for abandoned mine reclamation project
82-4-373. and 82-4-374 reserved
82-4-375. Engineer of record -- duties
82-4-376. Tailings storage facility -- design document -- fee
82-4-377. Independent review panel -- selection -- duties
82-4-378. Quality assurance during construction
82-4-379. Tailings operation, maintenance, and surveillance manual
82-4-380. Periodic review required
82-4-382. through 82-4-389 reserved
82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited