Digital Commons Network^™

Preview; Kaul V. State Farm: “From The Roof Tear To The Wall, When A Policy Can’T Cover It All” Does The Doctrine Of Efficient Proximate Cause Precede Insurance Policy Language In Montana?, Hannah Willstein

Montana Law Review Online

No abstract provided.

Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien

Public Land & Resources Law Review

A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.

Introduction, Rick Applegate

Public Land & Resources Law Review

No abstract provided.

Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson

Public Land & Resources Law Review

In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …

Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank

Public Land & Resources Law Review

MTSUN, LLC initiated negotiations for a power purchase agreement with NorthWestern Energy in September of 2015 for a potential solar energy facility in eastern Montana. In December of 2016, at an impasse in contract negotiations with NorthWestern, MTSUN filed a petition with the Montana Public Service Commission requesting that the agency exercise its statutory authority to set the terms of the contract for the proposed project. Following MTSUN’s petition, the PSC issued a series of orders and reconsiderations which ultimately reconfigured the entirety of the agreement, including the terms that the parties had previously agreed upon. After exhausting its administrative …

Sb46-20/21: Resolution Establishing The Asum Legislative Priorities, Taylor Gregory, Patrick James Flanagan, Maggie Bornstein

Senate Resolutions, 2007-Present

SB46-20/21: Resolution Establishing the ASUM Legislative Priorities. This resolution passed on a 19Y-1N-0A vote during the December 3, 2020 meeting of the Associated Students of the University of Montana (ASUM).

The Role Of Citizen Science In Science Perception, Meaning, And Environmental Values: An Evaluation Of The Living Snow Project, Rachel L. Severson, Phoebe S. Bean, Cali Caughie, Robin Kodner

Psychology Faculty Publications

Citizen science programs provide a means for outdoor enthusiasts to combine their recreational pursuits with engagement in science. This research evaluated the role of citizen science in peoples’ perceptions of science, meaningfulness of their outdoor experiences, and environmental attitudes, identity, and connection. The Living Snow Project (LSP), a community-enabled (citizen science) program, engages the outdoor recreation community in research characterizing alpine snow microbiomes through volunteer sample collections in alpine environments. Citizen scientists (N=41) volunteering with LSP participated in this study at two time points before and after the 2019 snow sampling season. At both time points, participants completed five well-established …

Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills

Faculty Journal Articles & Other Writings

On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …

Chapter 1.2: Visualization Of Buffer Capacity With 3-D Topos: Buffer Ridges, Equivalence Point Canyons And Dilution Ramps, Garon C. Smith, Md Mainul Hossain

Water Topos: A 3-D Trend Surface Approach to Viewing and Teaching Aqueous Equilibrium Chemistry

The BufCap TOPOS software generates 3-D topographic surfaces for acid-base equilibrium studies that portray pH and buffer capacity behavior during titration and dilution procedures. Topo surfaces are created by plotting computed pH and buffer capacity values above a composition grid with volume of NaOH as the x-axis and overall system dilution as the y-axis. What emerge are surface features that correspond to pH and buffer behaviors in aqueous solutions. Topo surfaces are created for pH, log buffer capacity and linear buffer capacity. Equivalence point breaks become pH cliffs and logarithmic buffer capacity canyons that grow shallower with dilution. …

Master's Portfolio, Alexis Joy Rizzolo

Graduate Student Portfolios, Professional Papers, and Capstone Projects

No abstract provided.

December 2020 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Creating Educational Opportunities For Independent Living Through Participatory Curriculum Development: A Toolkit For Centers For Independent Living, University Of Montana Rural Institute

Health and Wellness

This toolkit is an introduction for staff at centers for independent living (CILs) and their community partners who are interested in developing curriculums or trainings that meet the unique needs and goals of Independent Living. It provides instructions and guidance on how to use Participatory Curriculum Development (PCD) to create new ways of supporting Independent Living skills education and development.

This toolkit is for those who can commit to working collaboratively with consumers and other stakeholders to address an Independent Living service gap or training need.

Montana Residents' Perceptions Of Visitors' Behaviors: The Summer Of 2020 Compared To Years Past, Carter Bermingham, Megan Schultz

Institute for Tourism and Recreation Research Publications

This report is a summary of Montana residents’ perceptions concerning visitors’ behavior prior to and during the summer of the 2020 pandemic. Data were collected from October 1st to November 7th of 2020. As a result of the pandemic, the number of people participating in outdoor recreation in certain parts of the country has increased significantly, with surrounding national parks like Yellowstone and Glacier experiencing record visitation counts throughout the summer and fall. The pandemic has dramatically changed travel and tourism patterns in the state, with visitors flocking to Montana to enjoy the wide expanse of recreational opportunities. Anecdotal evidence …

Montana Kaimin, November 18, 2020, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.

Sb44-20/21: Resolution Proposing A Constitutional Referenda To Strike The Petition Signature Requirement, Ethan Hanley

Senate Resolutions, 2007-Present

SB44-20/21: Resolution Proposing a Constitutional Referenda to Strike the Petition Signature Requirement. This resolution was approved on a 22Y-1N-0A vote during the November 12, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Sb45-20/21: Resolution Amending Asum's Annual Budgeting Procedure, Ethan Hanley

Senate Resolutions, 2007-Present

SB45-20/21: Resolution Amending ASUM's Annual Budgeting Procedure. This resolution was approved unanimously during the November 12, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Rapid Evolution Of Aerosol Particles And Their Optical Properties Downwind Of Wildfires In The Western Us, Lawrence I. Kleinman, Arthur J. Sedlacek, Kouji Adachi, Peter R. Buseck, Sonya Collier, Manvendra K. Dubey, Anna L. Hodshire, Ernie Lewis, Timothy B. Onasch, Jeffery R. Pierce, John Shilling, Stephen R. Springston, Jian Wang, Qi Zhang, Shan Zhou, Robert J. Yokelson

Chemistry and Biochemistry Faculty Publications

During the first phase of the Biomass Burn Operational Project (BBOP) field campaign, conducted in the Pacific Northwest, the DOE G-1 aircraft was used to follow the time evolution of wildfire smoke from near the point of emission to locations 2-3.5 h downwind. In nine flights we made repeated transects of wildfire plumes at varying downwind distances and could thereby follow the plume's time evolution. On average there was little change in dilution-normalized aerosol mass concentration as a function of downwind distance. This consistency hides a dynamic system in which primary aerosol particles are evaporating and secondary ones condensing. Organic …

Montana Kaimin, November 11, 2020, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.

Sb38-20/21: Resolution Revising Asum Bylaws Article Vi, Section 3.F.6; Allowing Candidates To Hand Out Campaign Flyers, Vincent C. Tarallo Jr.

Senate Resolutions, 2007-Present

SB38-20/21: Resolution Revising ASUM Bylaws Article VI, Section 3.F.6; Allowing Candidates to Hand Out Campaign Flyers. This resolution was passed on a 17Y-4N-3A vote during the November 5, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Sb42-20/21: Resolution Amending The Threshold For Primary Elections In Article Vi, Section 4 Of The Asum Bylaws, Ethan Hanley

Senate Resolutions, 2007-Present

SB42-20/21: Resolution Amending the Threshold for Primary Elections in Article VI, Section 4 of the ASUM Bylaws. This resolution was approved unanimously during the November 5, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Sb43-20/21: Resolution Endorsing The Inclusion Of Major Repairs Funding For "Music Building Infrastructure" In Hb05, Noah Durnell

Senate Resolutions, 2007-Present

SB43-20/21: Resolution Endorsing the Inclusion of Major Repairs Funding for "Music Building Infrastructure" in HB05. This resolution was approved unanimously during the November 5, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Montana Kaimin, November 4, 2020, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.

Chapter 1.1: 3-D Surface Visualization Of Ph Titration “Topos”: Equivalence Point Cliffs, Dilution Ramps And Buffer Plateaus, Garon C. Smith, Md Mainul Hossain, Patrick Maccarthy

Water Topos: A 3-D Trend Surface Approach to Viewing and Teaching Aqueous Equilibrium Chemistry

3-D topos can be generated to visualize how pH behaves during titration and dilution procedures. The surfaces are constructed by plotting computed pH values above a composition grid with volume of base added in one direction and overall system dilution on the other. Surficial features correspond to behavior in aqueous solutions. Equivalence point breaks become cliffs that pinch out with dilution. Buffer effects become plateaus. Dilution alone generates 45^o ramps. Sample surfaces are analyzed for acetic acid, CH₃COOH (a weak monoprotic acid); hydrochloric acid, HCl (a strong acid); oxalic acid, HOOCCOOH (a weak diprotic acid) and L-histidine …

America At A Glance: Unemployment Among People With Disabilities During The Covid-19 Recession, University Of Montana Rural Institute

Employment

People with disabilities are often the first to experience economic disruptions, and among the last to recover. Unemployment among people with disabilities spiked to 18.9% in April 2020 and declined to 12.5% in September. Both the initial increase and recent decrease in unemployment was primarily driven by changes in temporary unemployment (unemployed workers who expect to go back to their same job within six months). While temporary unemployment has gone down, permanent unemployment has risen since the recession began, and may indicate that for some, temporary unemployment is becoming permanent. As the recession wears on and unemployment benefits begin to …

Novel Small Rnas Expressed By Bartonella Bacilliformis Under Multiple Conditions Reveal Potential Mechanisms For Persistence In The Sand Fly Vector And Human Host, Shaun Wachter, Linda D. Hicks, Rahul Raghavan, Michael F. Minnick

Biological Sciences Faculty Publications

Bartonella bacilliformis, the etiological agent of Carrión's disease, is a Gram-negative, facultative intracellular alphaproteobacterium. Carrión's disease is an emerging but neglected tropical illness endemic to Peru, Colombia, and Ecuador. B. bacilliformis is spread between humans through the bite of female phlebotomine sand flies. As a result, the pathogen encounters significant and repeated environmental shifts during its life cycle, including changes in pH and temperature. In most bacteria, small non-coding RNAs (sRNAs) serve as effectors that may post-transcriptionally regulate the stress response to such changes. However, sRNAs have not been characterized in B. bacilliformis, to date. We therefore performed total RNA-sequencing …

November 2020 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Montana Voices Amplified: A Parent’S Perspective: How I Am Successfully Homeschooling My Child, Tracy Gulledge Street, University Of Montana Rural Institute

Independent Living and Community Participation

The COVID-19 pandemic has people considering homeschooling; here are five things to consider if you are homeschooling your child.

Upper Yellowstone River Monitoring, Norma P. Nickerson, Kara Grau

Institute for Tourism and Recreation Research Publications

The purpose of this study was to start a monitoring system for river use in Montana. The Upper Yellowstone River was used to explore monitoring methods and to provide a baseline of use as the pilot study for other Montana waterways. The Upper Yellowstone River was monitored via intercept surveys at fishing access sites (FAS), observation of users at FASs, and recording of types and number of river users floating past the FASs in a 30 mile stretch from Emigrant to Livingston. In addition, cameras were mounted at five private property sites to assess river use floating by. Camera data …

Sb41-20/21: Resolution Urging University Of Montana Instructors To Avoid Online Proctoring, Patrick James Flanagan

Senate Resolutions, 2007-Present

SB41-20/21: Resolution Urging University of Montana Instructors to Avoid Online Proctoring. This resolution was approved unanimously during the October 28, 2020 meeting of the Associated Students of the University of Montana (ASUM).

Montana Kaimin, October 28, 2020, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.