EQT CHAP LLC, Appellant, v. ENVIRONMENTAL HEALTH SCIENCES, Appellee

EQT CHAP LLC, Appellant, v. ENVIRONMENTAL HEALTH SCIENCES, Appellee. Oral Argument is set for February 26, 2025, at 9:30 a.m. in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. In 2021, Environmental Health Sciences (EHS), a 501(c)(3) nonprofit organization headquartered in Bozeman, published a report on fracking via its journalism project Environmental Health News . The report, investigated and written by a Pennsylvania reporter, described her investigation into the effect of fracking operations on western Pennsylvania communities. In 2022, a Pennsylvania resident filed a complaint with the Pennsylvania Department of Environmental Protection because he believed fracking operations had contaminated his water supply. EQT CHAP LLC is a party to that administrative proceeding as the successor-in-interest to the fracking leasor. EQT obtained a subpoena in Pennsylvania to require EHS to provide it with documents related to the report. It lodged the subpoena in a Montana state district court to allow its enforcement in Montana. EHS moved to quash the subpoena, arguing that Montana’s Media Confidentiality Act protects the documents. EQT argued that the documents are not protected under Pennsylvania law. The District Court concluded that Montana law applies and it quashed the subpoena. Soon afterward, the Montana Supreme Court issued Goguen v. NYP Holdings, Inc. , in which the Court concluded that a Montana district court should have applied New York law in a defamation case where a Montana resident sued a New York publication. Based that case, EQT asked the District Court for relief from its ruling in this case. The District Court denied EQT’s motion. The appeal raises a conflict of laws issue. EQT argues that Pennsylvania law applies to this case and thus the District Court erred in applying Montana law and quashing its subpoena because EHS is not protected by Montana’s Media Confidentiality Act.

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