Archive | September, 2016

Wreszien v. State

Wreszien v. State, 2016 MT 242 (Sept. 28, 2016) (Shea, J.) (7-0, aff’d)

Issue: (1) Whether the district court correctly concluded that the participants of three public employee retirement plans were not similarly situated; and (2) whether the district court correctly concluded that employer contributions to the DB Trust do not violate substantive due process.

Short Answer: (1) Yes; and (2) yes.


Facts: Plaintiffs are state university employees, and must participate in one of three Montana Public Employee Retirement System (PERS) plans: the DB plan, the DC plan, or the University plan. All covered employees participate in the DB plan unless, within one year of hire, they choose to join the DC plan or, if applicable, the University plan.…

Carbon County Resource Council v. Mont. Bd. of Oil & Gas Conservation

Carbon County Resource Council v. Mont. Bd. of Oil & Gas Conservation, 2016 MT 240 (Sept. 27, 2016) (Baker, J.; McGrath, C.J., concurring) (5-0, rev’d)

Issue: Whether Plaintiffs’ claims were ripe for judicial review.

Short Answer: Yes.


Facts: In October 2013, Energy Corporation of America announced plans to develop oil and gas leases in the Beartooth Mountains. Energy Corp. filed an application with the Board for a permit to drill an exploratory oil and gas well in Carbon County, the Hunt Creek 1–H well. Carbon County Resource Council and Northern Plains Resource Council objected to the permit. The Board held a hearing, after which it approved the permit, stating that Energy Corp. did not propose hydraulic fracturing (fracking) at the site.…