Judge dismisses portion of 'megaloads' lawsuit

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By Brad Hehmeyer

MISSOULA, Mont. (AP) - A judge has dismissed part of a lawsuit
seeking to prevent an oil company from hauling oversized equipment
through Montana to Canada's oil sands.

Missoula County Judge Ray Dayton ruled Tuesday that the county
and three environmental groups were late in filing their claim that
Montana transportation officials violated the state constitution in
approving the loads.

The plaintiffs had claimed the state had withheld important
information relevant to the shipments in violation of the public's
right to know and participate under the Montana Constitution.
Dayton says the 30-day statute of limitations had already expired
when the plaintiffs made that claim.

But the judge will allow the plaintiffs to argue that state
transportation officials violated the Montana Environmental
Protection Act by approving the shipments without conducting a full
environmental impact statement.

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