Hi-Line Sportsmen Club v. Milk River Irrigation Districts

The District Court, First Judicial District, Lewis and Clark County, sitting in judicial review of a contested case under the Administrative Procedure Act (§ 2-4-702, MCA) reversed the final decision of the State Board of Health and Environmental Sciences (Board) which had granted “401 certifications” to the Milk River Irrigation Districts and to the City of Gillette, Wyoming. The Districts and Gillette appealed the reversal to this Court. On consideration, we affirm the action of the District Court in reversing the order of the Board.

Section 401 of the Federal Water Pollution Control Act…