Montana court blocks mining company from mining near Yellowstone National ParkChristian Fernsby ▼ | April 18, 2019
Jurist reported that Montana district court ruled that a Canadian mining company cannot mine for gold in an area north of Yellowstone National Park.
America The Legislature upset the balance of competing fundamental rights
In its decision, the court ruled that certain amendments to the Montana Environmental Policy Act violate the Montana Constitution beyond a reasonable doubt.
The court found that “In passing the Amendments at issue here, the Legislature upset the balance of competing fundamental rights that was inherent in MEPA since its enactment.”
It also found that the Amendments did not survive strict scrutiny, and therefore found that the Amendments violated the Montana Constitution.
Because these Amendments violated the Montana Constitution, the court found that the decision to issue an exploration license to the mining company was void. ■