Northern Cheyenne Tribe v. Montana Department of Environmental Quality

¶1 Northern Cheyenne Tribe (Tribe), a federally recognized Indian tribe, Tongue River Water Users’ Association (TRWUA), and Northern Plains Resource Council, Inc. (NPRC) (collectively Appellants), appeal the order of the Twenty-Second Judicial District Court, Big Horn County, granting summary judgment to the Montana Department of Environmental Quality (DEQ), Richard Opper, Director of DEQ, and Fidelity Exploration & Production Company (Fidelity). We reverse and remand.

¶2 We review the following dispositive issue on appeal:

¶3 Whether DEQ violated the Clean Water Act or the Montana Water…