Brady

facts if the parties cannot agree on one). Nevertheless, the facts in this case are immaterial to resolving the facial challenge to the constitutionality of § 39-71-413. The Bradys have acknowledged at oral argument before us and in their briefing to our court that if the statute is constitutional, they lose on the merits. See Bradys Reply Br. at 4. BRADY v. PPL MONTANA 1823 crew maintains the running belts that transport coal to the plant.

On August 28, 2001, Brady was part of a five-member crew sent to inspect a Surge Pile Dust Collector (“SPDC”), a large depository for coal dust sucked from coal conveyor belts. Because coal dust is highly combustible, the SPDC was equipped with a fire-suppression system, which consisted of large canisters of CO2. In the event of a fire, the canisters were triggered and flooded the SPDC with gas, effectively suffocating the blaze. The fire suppression system was inspected every six months and was found to be in good working order in June 2001.

Early on the 28th, the head of PPL’s “fire crew,” Dan Pur- selley, responded to reports that the fire suppression system may have been triggered. Noting that only two of the twelve CO2…