Legal Opinion
State Ex Rel. Department of Health & Environmental Sciences v. Lincoln County
Montana Supreme Court
Decided September 28, 1978No. 13964PublishedCited by 8 opinions
1Opinion of the CourtChief Justice Haswell
The Lincoln County commissioners appeal from a judgment of the District Court prohibiting and permanently enjoining them from taking any action violating the open burning permit requirements of the State Department of Health and Environmental Sciences (DHES) and awarding DHES attorney fees and costs.
In 1967 the Montana legislature enacted the Clean Air Act of Montana, Title 69, Ch. 39, R.C.M. 1947. The State Board of Health was granted rulemaking powers under the Act. Section 69-3909, R.C.M. 1947. Pursuant to these rulemaking powers, the Board adopted a rule prohibiting open burning without a…
2Cases cited8 opinions
- Bacus v. Lake CountyMontana Supreme Court · 1960
- Montana Milk Control Board v. RehbergMontana Supreme Court · 1962
- Southern Illinois Asphalt Co. v. Environmental Protection AgencyAppellate Court of Illinois · 1973
- State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1926
- Douglas v. JudgeMontana Supreme Court · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Trustees of Indiana University v. BuxbaumMontana Supreme Court · 2003
- McKamey v. StateMontana Supreme Court · 1994
- In re the Authority to Conduct Savings & Loan Activities ex rel. Gate City Savings & Loan Ass'nMontana Supreme Court · 1979
- Matter of Auth. to Conduct Sav. & Loan Act., Etc.Montana Supreme Court · 1979
- Allen v. Madison County CommissionMontana Supreme Court · 1984
3 more not listed; retrieve them via the Exa API.