Judge tosses Clean Water Act lawsuit against Yellowstone Club; groups to try again

HELENA DORE Bozeman Daily Chronicle

BOZEMAN — A federal judge has dismissed a Clean Water Act lawsuit that an environmental law firm and a conservation group filed against a private club in Big Sky back in December 2021.

Judge Brian Morris of the U.S. District Court in Butte dismissed the Cottonwood Environmental Law Center and Gallatin Wildlife Association’s Clean Water Act lawsuit against the Yellowstone Mountain Club on Oct. 5.

A day prior, the plaintiffs filed a notice to voluntarily dismiss their own case. That document arrived months after the Yellowstone Club asked the court to dismiss the lawsuit for a lack of subject matter jurisdiction and for failure to state a claim.

Judge Morris dismissed all of Cottonwood’s original claims against the club, affirming the club’s assertion that the allegations were “conclusory and vague” as to what actions the plaintiffs believed violated the Clean Water Act.

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“We are pleased the U.S. District Court dismissed this meritless case. While we welcome this dismissal, it’s unfortunate that Cottonwood has yet again wasted the court’s time and a significant amount of resources to reach this conclusion,” a Yellowstone Club representative said

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