Oral Argument Schedule
The majority of cases before the Montana Supreme Court are decided based upon the written briefs submitted by the parties. However, the Court may decide that a case requires further discussion, in addition to what the parties have argued in their written briefs. In such cases, oral arguments are scheduled in open session before the Court. Approximately 30 cases a year are scheduled for oral argument.
Oral arguments are tightly structured and timed. The counsel for each party is allowed limited time to make an argument. The times typically range from 20 to 40 minutes and are set forth by the Court in the order setting oral argument.
While this format allows the counsel brief opportunity to further develop their arguments, it also gives the Court an opportunity to ask questions of the attorneys on points which the Court needs clarification.
A majority of oral arguments take place in the Montana Supreme Court Courtroom, located at 215 N. Sanders, Helena, Montana. The Court does schedule a few arguments to be heard in different cities around the State.
All of the oral arguments are open to the public.
--DA 16-0429 BITTERROOTERS FOR PLANNING, INC., and BITTERROOT RIVER PROTECTIVE ASSOCIATION, INC. Plaintiffs and Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Montana, Defendant and Appellant, STEPHEN WANDERER and GEORGIA FILCHER, Defendants, Intervenors and Appellants. Oral Argument is set for Wednesday, March 29, 2017, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana.
The Department of Environmental Quality (DEQ) issued a permit for a wastewater discharge system for property near Hamilton. Anticipating construction of an unidentified “big box” store on the property, two Hamilton-area organizations—Bitterrooters for Planning, Inc., and Bitterroot River Protective Association, Inc.—challenged the permit. The First Judicial District Court ruled that the permit is void.
In this appeal, the landowners argue the District Court erred by concluding that, if and when DEQ reconsiders their application, the landowners must identify the nature of the anticipated “big box” business. In addition, both the landowners and DEQ question whether the District Court impermissibly expanded the scope of the Montana Environmental Policy Act analysis in its construction of the terms “secondary impacts” and “cumulative impacts.”
The Montana Environmental Information Center has filed an amicus brief.
--OP 16-0555 ATLANTIC RICHFIELD COMPANY, Petitioner, v. MONTANA SECOND JUDICIAL DISTRICT COURT, SILVER BOW COUNTY, THE HON. KATHERINE M. BIDEGARAY, Respondent. Oral Argument is set for Friday, April 7, 2017, at 9:30 a.m. at the George Dennison Theater, University of Montana, Missoula, Montana, with an introduction to the oral argument beginning at 9:00 a.m.
The Montana Supreme Court will hear argument on Atlantic Richfield Company’s petition to reverse the Second Judicial District Court’s ruling in this action for damages to privately-owned lands within the boundaries of the Anaconda Smelter Superfund Site. The issue before the Supreme Court is whether the District Court erred in refusing to grant Atlantic Richfield judgment as a matter of law that the federal Superfund law (CERCLA) bars the plaintiffs’ common-law claims for restoration damages.
The United States of America, the Montana Trial Lawyers Association and Montana Environmental Information Center, and the Clark Fork Coalition have filed friend-of-the-Court briefs.
--DA 14-0807 STATE OF MONTANA, Plaintiff and Appellee, v. MATTHEW JOHN BLAZ, Defendant and Appellant. Oral Argument is set for Monday, May 1, 2017, at 10:30 a.m. in the Strand Union Building, Ballroom A on the campus of Montana State University, Bozeman, Montana, with an introduction to the oral argument beginning at 10:00 a.m.