ELR Citation: ELR 20258
No(s). 11970 (Mont. Mar 15, 1971)

The exemption of open pit mining, of strip mining for coal, of irrigation water exits and of gravel extraction from the Montana Dredge Mining Regulation and Land Preservation Act of 1969 violates the Equal Protection Clause of the 14th Amendment, because the exempted mining techniques are as harmful to land, streams and water courses as are the mining techniques regulated under the statute. The Act also violates the constitutional provision requiring that the subject matter of each bill be expressed in its title. The Act seeks to regulate mining techniques, other than dredge mining, which are not expressed in the Act's title.

Counsel for Plaintiffs:
Jerome T. Loendorf
Harrison, Loendorf & Poston
820 N. Montana Avenue
Helena, MT 59601
(406) 442-6350

George Padburg Jr.
502 Monroe Avenue
Helena, MT 58601
(406) 442-4988

Counsel for Defendants:
Robert L. Woodahl Attorney General
Charles H. Dickman Asst. Attorney General
State Office Building Helena, MT 59601
(406) 449-2026

Stewart, J., sitting in place of Harrison, J., and Howell and Daly, JJ., concur.