Missoula City-County Air Pollution Control Board v. Board of Environmental Review

The Missoula City-County Air Pollution Control Board (Local Board) appeals a decision of the Fourth Judicial District Court, Missoula County, dismissing its petition for judicial review and declaratory judgment. We reverse and remand for further proceedings consistent with this Opinion.

The issues are:

1. Did the District Cotut err in ruling that the Local Board does not have standing to challenge the validity of administrative rules adopted by the Board of Environmental Review (State Board)?

2. Did the court err in ruling that the Local Board’s first amended petition was not timely filed?

3. Did…