R. Held v. State ( 2023 )

GIGINAL 12/27/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0575 DA 23-0575 RIKKI HELD; LANDER B., by and through his guardian Sara Busse; BADGE B., by and through his guardian Sara Busse; SARIEL SANDOVAL; KIAN T., by and through his guardian Todd Tanner; GEORGIANNA FISCHER; KATHRYN GRACE GIBSON-SNYDER; EVA L., by and through her guardian Mark Lighthiser; MIKA K., by and through his guardian Rachel Kantor; FILL-J OLIVIA VESOVICH; JEFFREY K., by and through his guardian Laura King; NATHANIEL DEC 2 7 2023 Bowen Oreer.wooa K., by and through his guardian Laura King; Clerk of Soo urt State of :Cno nta na CLAIRE VLASES; RUBY D., by and through her guardian Shane Doyle; LILIAN D., by and through her guardian Shane Doyle; TALEAH ORDER HERNANDEZ, Plaintiffs and Appellees, v. STATE OF MONTANA, GOVERNOR GREG GIANFORTE, MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, and MONTANA DEPARTMENT OF TRANSPORTATION, Defendants and Appellants. Before the Court is a document submitted to the Clerk of Court by Byron L. Trackwell, containing Mr. Trackwell's December 27, 2023 letter to counsel for the Plaintiffs in this matter. Mr. Trackwell, who previously was granted leave to participate in this appeal as an amicus curiae, requests that his letter, which responds to the Plaintiffs' September 29, 2023 demand letter and comments to the Montana Department of Environmental Quality regarding DEQ's preliminary determination on a permit application, be filed "to this MONTANA.GOV Official State Website for this subject case." This Court's Rules of Appellate Procedure provide allowance for a brief of an amicus curiae to be filed in a pending appeal upon leave of the supreme court granted on motion. M. R. App. P. 12(7). In accordance with that Rule, Mr. Trackwell obtained leave of Court November 22, 2023, and filed his amicus brief the same date. The Rule does not permit multiple filings. His current tendered filing is not a brief to this Court but correspondence to a party. The document is not appropriate for filing in the Court's docket in this appeal. IT IS THEREFORE ORDERED that Mr. Trackwell's request for filing is DENIED. The Clerk is directed to return the original and eight copies of the referenced document to Mr. Trackwell. The Clerk shall give notice of this Order to Byron L. Trackwell and to all counsel of record. Dated this / day of December, 2023. For the Court, By (,./ 4 Justice 2