Court Decisions Drafting Montana Punitive Damages 
ClimateChange-ClimateLaw
DECEMBER 11, 2020
The court concluded that the Freedom of Information Act’s deliberative process privilege shielded the redactions from disclosure. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
Montana Supreme Court Affirmed that Public Service Commission Improperly Rewrote Terms of Solar Project PPA, Including by Eliminating Carbon Adder. The district court held, among other things, that elimination of the carbon adder was arbitrary and capricious and directed the PSC to assign a price for carbon. 4:19-cv-00362 (E.D.
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