Citizens Awareness Network v. Montana Board of Environmental Review

*77¶46 I agree with Justice Cotter’s thoughts with regard to the correct standard of review of abuse of discretion. I write separately because, in my view, the request for leave to amend in this case was improper as a matter of law and, thus, granting the request would have constituted an abuse of discretion.

¶47 The governing statute provides that “[a]n affidavit setting forth the grounds for the request must be filed within 30 days ....” Section 75-2-211(10), MCA (2005). The “grounds” set forth in the Conservation Groups’ affidavit pertained only to alleged errors within DEQ’s review of the…