Citizens for Environmental Safety, Inc. v. Missouri Department of Natural Resources

I respectfully dissent. In the context of this case, I disagree with the interpretation of the word “shall” as being directory as opposed to mandatory. Section 260.205.2(3) provides that MDNR “shall” approve or deny an application for a permit within twenty-four consecutive months of its receipt. MDNR failed to do so here. In my view, as a result, MDNR lost jurisdiction over SRL’s permit application.

In construing statutory provisions we are to adhere to the primary rule of statutory construction, which is to ascertain the intent of the legislature from the language used, to give effect to…