02/22/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0068 Case No. DA 22-0068

MONTANA ENVIRONMENTAL INFORMATION CENTER, AND SIERRA CLUB.

Plaintiffs / Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, MONTANA BOARD OF ENVIRONMENTAL REVIEW, Respondent / Appellant, and WESTMORELAND ROSEBUD MINING, LLC f/k/a WESTERN ENERGY CO., NATURAL RESOURCE PARTNERS, L.P., INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 400, and NORTHERN CHEYENNE COAL MINERS ASSOCIATION, Respondent-Intervenors / Appellants.

ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF OF TALEN MONTANA, LLC AS AMICUS CURIAE IN SUPPORT OF APPELLANTS’ RULE 22 MOTION

On Appeal from the Sixteenth Judicial District Court, Rosebud County, Montana Cause No. DV 19-34 The Honorable Katherine Bidegaray IT IS ORDERED that the Motion of Talen Montana, LLC (“Talen Montana”), for leave to file an amicus curiae brief in support of Appellants Westmoreland Rosebud Mining, et al.’s Motion for Stay shall be and hereby is GRANTED.

Dated this ___ day of February, 2022.

1 Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court February 22 2022