Proposal would let people challenge state air, water, and mining permits

People whose interests may be harmed by certain permit decisions could request a board hearing or court review. This covers final department decisions approving or denying air, water, and specified mining permit applications or changes to those permits. The written request must explain the reasons for the appeal and include a $100 fee. For air permits, the request goes to district court; for water and mining permits, a person may seek a board hearing or court review. Court petitions must be filed where the permitted activity is proposed. The permit holder or applicant must be included unless they agree otherwise. Court challenges for projects costing more than $1 million take priority over other civil cases in that court. The written request and fee must be submitted to the board within 30 days of the department's decision.

Applicants and some people affected by an energy project air permit could seek a board hearing or court review. These rules concern air permits for energy development projects. The applicant or a person who submitted formal comments and is directly and adversely affected may request a hearing. A person other than the applicant must have submitted formal comments and be directly and adversely affected. If public comments were accepted, an appeal generally must concern issues raised during that period, with exceptions for later legal changes, court decisions, or material permit changes that lacked a meaningful chance for public comment. The applicant or permit holder may choose board or court review when another person requests a hearing. A person who appeals may have to provide a written promise to cover costs and damages if the appeal was brought to harass, cause needless delay, or interfere without a reasonable legal or factual basis. An indigent person cannot be required to provide it. A hearing request must be filed within 30 days of the department's decision. A party choosing direct court review must file a petition within the specified 15-day period.