Less Deference May be Warranted

The Montana Supreme Court has  suggested that less deference is owed to agency interpretations that are  "inconsistent or recent."  Pennaco Energy, Inc. v. Mont. Bd. of Envt'l  Review, 2008 MT 425, ¶ 25, 347 Mont. 415, 199 P.3d 191.  However, in Pennaco, the Montana Supreme Court was not persuaded that the  agency's decision "should be afforded decreased deference by virtue of the fact  that it [was] a reversal of an earlier decision."  Pennaco, ¶ 39.