Montana Mining Ass’n v. State

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The Supreme Court denied the Montana Mining Association’s (MMA) request to overrule the Attorney General’s determination that Initiative 186 (I-186) is legally sufficient in this original proceeding.If enacted, I-186 would alter the mine permitting process by adding a requirement to mines’ reclamation plans. The Attorney General determined that the initiative was legally sufficient. MMA filed this original action asking the Supreme Court to determine that I-186 violates Mont. Code Ann. 13-27-105, which requires that an initiative issue delegating rulemaking authority be “effective no sooner than October 1 following approval.” The Supreme Court denied MMA’s request, holding that the issue of whether I-186 delegates rulemaking authority is outside the scope of the Attorney General’s legal-suffiency review, and therefore, the issue is also outside the scope of the Supreme Court’s pre-election initiative review. View "Montana Mining Ass’n v. State" on Justia Law