ACLU of Montana v. MT DES and MT DCI

  • Filed: 02/06/2020
  • Status: Active
  • Court: First District Court Lews and Clark County
  • Latest Update: Feb 06, 2020
Image of Police and Water Protectors at Standing Rock

After submitting right to know requests to federal agencies, we submitted similar public records requests to state agencies. Based on unlawfully incomplete responses to our public records requests, we have been able to determine that two agencies are at the center of preparations for pipeline protests: Montana Department of Emergency Services (DES) and the Montana Division of Criminal Investigation (DCI). These states have been actively coordinating with local, state, federal, and private entities to respond to pipeline protests. We have a justifiable concern that these agencies, among others, are preparing to impede consititutionally protected rights to free speech and freedom of association, specifically targeting and potentially discriminating against Indigenous demonstrators.

The court denied the state's motion to dismiss in June 15, 2020.

Case Number:
CDV2020-155
Judge:
Kathy Seeley
Attorney(s):
Alex Rate, Lillian Alvernaz, Shiloh Hernandez - Western Environmental Law Center, David A. Bahr - Bahr Law Offices

New Keystone XL Lawsuit: Montana’s Response to Anticipated Protests in Question

Montana agencies are withholding public documents possible about Keystone XL pipeline protest preparations.Today, the ACLU of Montana, Western Environmental Law Center, and the Bahr Law Offices challenged two Montana state agencies’ refusal to release public records relating to the Keystone XL Pipeline. The documents in question pertain to the government’s plans in response to protests. The ACLU is concerned that such plans may include spying on protesters, suppressing constitutionally protected free speech rights, and responding with militarized police tactics. 

Image of Water Protectors and ACLU Legal Observer at Standing Rock

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New Keystone XL Lawsuit: Montana’s Response to Anticipated Protests in Question

Montana agencies are withholding public documents possible about Keystone XL pipeline protest preparations.Today, the ACLU of Montana, Western Environmental Law Center, and the Bahr Law Offices challenged two Montana state agencies’ refusal to release public records relating to the Keystone XL Pipeline. The documents in question pertain to the government’s plans in response to protests. The ACLU is concerned that such plans may include spying on protesters, suppressing constitutionally protected free speech rights, and responding with militarized police tactics. 

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