The Great Seal of the State of Montana in the Supreme Court (Photo by Eric Seidle/ For the Daily Montanan).

The recent dust-up within the Montana Supreme Court has proven to be quite interesting – and somewhat disappointing.

By a 4-3 majority, the court awarded attorney fees to the plaintiffs in Montana Environmental Information Center and Earthworks vs. Office of the Governor. This is certainly not an unheard-of occurrence; other cases have reached the same conclusion.

In reaching this conclusion, the majority reversed the district court’s denial of attorney fees. That’s not unusual either.

Here’s what distinguishes this case in the eyes of the dissenting justices: The majority had the temerity to offer guidance in what has been a confusing and inconsistent area of the law.

Here’s th

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