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Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

A Midwest Migration With Endangered Whooping Cranes, Katherine Anne Hill

Graduate Student Portfolios, Professional Papers, and Capstone Projects

In 1941, the world’s last migratory flock of whooping cranes was just 15 birds strong. Today, that flock has grown to over 500 birds and is increasing exponentially every year. But even as the flock continues to recover, their migratory corridor continues to shrink, due to the destruction of habitat by industrial agriculture, energy development, and other industries.

But throughout the most sparsely populated stretches of the Central Flyway, whooping cranes have some unlikely allies, too.

In Nebraska and Kansas, where wetlands and native prairie grasses have historically been drained, burned, and converted to cropland, some farmers are reversing that …

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 …

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …

Large-Scale Photovoltaic Solar Implementation: Montanan Stakeholder Opportunities And Challenges, Erika Mickelson

Graduate Student Theses, Dissertations, & Professional Papers

Large-scale photovoltaic (PV) solar projects were operationalized in the 1990s resulting in a plethora of studies focusing on environmental, economic, technological, and policy studies. Minimal research investigates the similarities and differences between conveners using PV solar technology. This case study evaluates stakeholder perceptions regarding project management, project design, and external factors influencing the success of large-scale PV solar projects convened by a qualifying facility, regional utility company, and electric co-operative in Montana. Respondents revealed concepts were similar across conveners; yet, emphasized unique implications for each convener. The results indicated the importance for all conveners to incorporate marketing strategies, local interests …

Conservation Easements & Renewable Energy: Why Conservation Values Should Embrace Wind And Solar, Lindsey W. Hromadka

Montana Law Review

No abstract provided.

Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein

Public Land & Resources Law Review

In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.

Market Power And Regulatory Failure In The Montana Wholesale Electricity Market, Ross Patrick Keogh

Graduate Student Theses, Dissertations, & Professional Papers

This work investigates market power and regulatory failures in the Montana wholesale electrical market after the implementation of deregulation in 1997. It provides a review of the development of the Montana wholesale electrical market, federal and state market power regulation, economic theory, and approaches for regulating market power in electrical markets. The work primarily focuses on the conduct of PPL Corporation, which acquired the generation assets of the Montana Power Company, and its capacity to set prices in Montana. It identifies that the current regulatory scheme, which is managed by the Federal Energy Regulatory Commission, is inadequate at deterring and …

A Comparative Financial Analysis Of Fast Pyrolysis Plants In Southwest Oregon, Colin Brink Sorenson

Graduate Student Theses, Dissertations, & Professional Papers

There are millions of acres of forestland in the Western United States that could benefit from fuel reduction treatments to improve forest health and reduce wildfire fuels. These treatments generate forest residues that are typically piled and burned. However, with increasing concerns about energy security, high oil prices, air quality from pile burning and climate change, there is great interest in examining ways to economically use these residues as a renewable energy source. Pyrolysis of forest biomass is one method that shows promise, though the financial feasibility of doing so has not been previously investigated. This study presents the expected …

Renewable Energy In Montana: System Applications And Technlogy, Mandi Lee Corr

Graduate Student Theses, Dissertations, & Professional Papers

Energy is a critical topic of debate today, and much interest has turned to renewable energy forms. The negative implications of fossil fuel use are outweighing their benefits, as the twenty-first century has seen environmental, economic, and social consequences unfold. Montana is in a unique position in that it has five forms of renewable energy for heating and electricity generation purposes. Solar, wind, small-scale hydro, biomass, and geothermal energies are available across the state. These energy forms have the potential to provide residences and businesses with heat and electricity year-round, using a seasonally complementary, integrated system. The current installation of …

Small-Hydroelectricity And Landscape Change In The Bitterroot Mountains: Public Perceptions And Attitudes, Chad E. Newman

Graduate Student Theses, Dissertations, & Professional Papers

Newman, Chad, M.A. December 2007 Geography Small-Hydroelectricity and Landscape Change in the Bitterroot Mountains: Public Perceptions and Attitudes Chairperson: Dr. David D. Shively The development and use of renewable energy resources within America has made significant progress over the last two decades. Many state governments have adopted legislation requiring the development of their local renewable resources for generating electricity. In 2005, Montana’s State Legislature passed Senate Bill 415, The Montana Renewable Power Production and Rural Economic Development Act. This piece of legislation mandates the development and use of renewable energy resources by energy producers and requires that fifteen percent of …