DNRC reports new cases in litigation update; board authorizes Attorney General to join settlement mediation

The board’s quarterly litigation update was presented by Brian Bramlett, chief legal counsel for the Department of Natural Resources and Conservation. Bramlett told the board there are three new general litigation cases reported in the packet — American Prairie v. DNRC and Land Board; DNRC Land Board v. Welch; and Montana v. Tallon and Northwestern — and three new water‑court litigation cases. He also said five previously reported cases have settled and been closed since the last update.

The chair announced the board would go into executive session for additional counsel questions. After the executive session, a commissioner moved that the board authorize the Attorney General’s Office and its designees to participate in a court‑approved mediation conference in State of Montana v. Tallon and Northwestern (United States District Court, cause CVDash00035DashDLC) with full settlement authority on behalf of the State Board of Land Commissioners, including negotiating past‑due rentals, rental rates and future lease terms. The motion specified that if a settlement is reached the attorney general’s office will return to the board for formal approval at a future meeting with public notice for review and comment.

The motion was seconded, discussed briefly and approved unanimously. The board adjourned after concluding business.