Malta Irrigation District v. Montana Board of Health & Environmental Sciences

This is an appeal from a denial of an application for a writ of prohibition entered by the First Judicial District in and for Lewis and Clark County. Petitioners sought to restrain the Board of Health and Environmental Sciences from reviewing an action taken by the Department of Health and Environmental Sciences. The District Court found that the Board was acting within its jurisdiction and so refused to issue the writ. We affirm.

This dispute involves three entities competing for the mutually exclusive right to construct a hydroelectric generation facility at the federally owned and operated…