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Otter Creek NPRC v State first amended complaint - final

Otter Creek NPRC v State first amended complaint - final 2025

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The document details the legal case Northern Plains Resource Council, et al. v. Board of Land Commissioners, where plaintiffs challenge the Montana Board's decision to lease approximately 9,000 acres of state land for coal mining without adequate environmental review under the Montana Environmental Policy Act (MEPA). The court ruled in favor of the state, stating that the leases did not constitute an irretrievable commitment of resources that would require strict scrutiny under MEPA. The plaintiffs argue that the exemption from MEPA is unconstitutional and that the Board failed to consider significant environmental impacts and alternatives before leasing the land.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does an amended complaint replace the original complaint federal court?

Moreover, ing to the court, an amended complaint supersedes an original complaint and renders it without legal effect it does not matter whether the case was in federal court through removal proceedings.

Do you have to answer a first amended complaint?

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

Can you file an amended complaint instead of opposing a demurrer?

(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an

Does an amended complaint moot a motion to dismiss?

In most circuits, including the 3rd, 6th and 8th Circuits, an amended complaint automatically moots a pending motion to dismiss and creates a duty to respond to the amended complaint. Other circuits, however, recognize exceptions to the majority rule.

What are the federal rules for amended complaints?

Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint as a matter of course once within 21 days of service of the original complaint.

What happens when a complaint is amended?

An amendment to the Pleading is an addition, substitution, or change in the original pleading related to matters occurring prior to the commencement of the action, such as adding or striking out the name of any party, or by correcting a mistake in the name of the party, or a mistake in any other respect; the amendment

What is a First amend complaint?

Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.

Can you remove to federal court after an amended complaint?

The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining state-law claims and must remand the case back to state court.