Clark Fork Coalition v. Tubbs

¶1 The Clark Fork Coalition, Katrin Chandler, Betty Lannen, Polly Rex, and Joseph Miller (collectively, “the Coalition”) challenged the validity of a Department of Natural Resources and Conservation administrative rule concerning groundwater appropriations exempt from permitting requirements. The First Judicial District Court invalidated the rule. We affirmed. Clark Fork Coalition v. Tubbs, 2016 MT 229, 384 Mont. 503, 380 P.3d 771 (hereafter “Clark Fork I”). The Coalition sought fees under the private attorney general doctrine, and the District Court granted its motion. The Department appeals…