North Fork Preservation Association v. Dept. of State Lands and CENEX
Land Use + Environmental Law, Resource Exploitation
In 1985, Cenex was granted a drilling permit for an exploratory oil and gas well near Polebridge, Montana that sat just two miles from Glacier National Park. In 1988, we intervened to challenge the state of Montana’s environmental assessment and to address Cenex’s failure to prepare an Environmental Impact Statement (EIS). We prevailed on summary judgment, but our decision was reversed by the Montana Supreme Court, which held that no EIS was necessary and that no violations of law had occurred. (238 Mont. 451, 778 P.2d 862 (1989)) In spite of this ruling, no well was drilled on this state land parcel near Polebridge. An exploratory well drilled on adjoining private land in 1989 came up dry. We challenged that well because there had been no public notice and no public hearing; the Flathead County District Court ruled in our favor. The Montana Board of Oil and Gas’ permit was revoked until a public hearing could be held. Because of our advocacy, Cenex decided not to develop any of its leases in the North Fork, releasing them back to the Department of State Lands, and ensuring the preservation of the North Fork’s undeveloped lands.
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