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Articles 1 - 30 of 1947
Full-Text Articles in Law
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines
Montana Law Review
Teschner v. Commissioner
Sacramento Suburban Water District V. 3m Co., Loui E. Amos
Sacramento Suburban Water District V. 3m Co., Loui E. Amos
Public Land & Resources Law Review
Per- and polyfluoroalkyl substances (“PFAS”), popularly known as “forever chemicals,” have seeped into drinking water supplies across the country. Almost all Americans have an accumulation of these substances in their blood, creating serious health risks. This exposure has created a vast unknown liability for the manufacture of these chemicals. But who should pay for the remediation of the water supply and the health effects of PFAS exposure? Mass toxic tort litigation has become ineffective, with jurisdictional hurdles and defendants’ creative techniques to sidestep judgments, such as corporate bankruptcy strategies. This ineffectiveness demonstrates the need for a long-term strategy comprising legislative …
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Public Land & Resources Law Review
The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Public Land & Resources Law Review
Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Public Land & Resources Law Review
No abstract provided.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Wyoming V. Environmental Protection Agency, Ayden D. Auer
Wyoming V. Environmental Protection Agency, Ayden D. Auer
Public Land & Resources Law Review
Wyoming v. EPA consolidated two petitions for review of a portion of Wyoming’s plans to reduce visibility impacts from two powerplants, Wyodak and Naughton. First, the Tenth Circuit held EPA was incorrect to disapprove Wyoming’s best available retrofit technology determination for Wyodak because EPA based its disapproval on noncompliance with guidelines that are optional to determine the best available retrofit technology for Wyodak. These same guidelines are nonbinding on Naughton as well, and the court held the petitioners failed to persuade the court that EPA’s approval of Naughton was arbitrary and capricious because the petitioners did not establish why Wyoming’s …
Arizona V. Navajo Nation, Sarah K. Yarlott
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
Sackett V. Environmental Protection Agency, Meridian Wappett
Sackett V. Environmental Protection Agency, Meridian Wappett
Public Land & Resources Law Review
In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …
Pretrial Justice In Out-Of-The-Way Places – Including Rural Communities In The Bail Reform Conversation, Jordan Gross
Pretrial Justice In Out-Of-The-Way Places – Including Rural Communities In The Bail Reform Conversation, Jordan Gross
Montana Law Review
No abstract provided.
Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe
Montana Law Review
In April 2018, the Washington Supreme Court became the first in the nation to adopt a court rule to combat implicit bias in the jury selection process. 2 General Rule 37 (“GR 37”) eliminates the need to raise an inference of purposeful discrimination, lists presumptively invalid reasons for exercising a peremptory strike that are historically associated with racial stereotyping, and uses an objective standard to determine if race or ethnicity could be viewed as a factor in the strike. 3 These changes address growing concerns that the current framework for evaluating biased peremptory strikes has failed to combat discrimination while …
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann
Montana Law Review
No abstract provided.
The Big Sky Shadow Docket: Noncite Opinions And The Montana Supreme Court, Blake Koemans
The Big Sky Shadow Docket: Noncite Opinions And The Montana Supreme Court, Blake Koemans
Montana Law Review
More than half of the Montana Supreme Court’s written opinions in 2022 carry no precedential value and cannot be cited as binding authority to a Montana court. The same is true for opinions issued in 2021, 2020, and 2019. Thousands of opinions—tens of thousands of pages, filled with the Court’s legal reasoning, factual applications, policy judgments, and practical advice—are unusable. Montana is not alone in this phenomenon as unpublished opinions constitute the majority of opinions in many other juris- dictions around the country. Consequentially, this outdated practice is impacting the law in Montana and throughout the country. Nonpublication was an …
Must We All Be Bold As Lions? Unfair Prejudice From Evidence Of Flight And Alternative Standards, Parker Streets
Must We All Be Bold As Lions? Unfair Prejudice From Evidence Of Flight And Alternative Standards, Parker Streets
Montana Law Review
A dramatic escape from a rehabilitation hospital, a high-speed car chase resulting in a crash, and an admission of fleeing to avoid jail. Despite fitting the description of an action movie, State v. Strizich presented a conundrum for the Montana Supreme Court, one that created substantial disagreement among the justices on whether evidence of the defendant’s flight should be admitted at trial. One major disagreement was whether to apply the four inferences test used by the federal courts, whereby courts determine the probative value of flight evidence—and therefore, its admissibility at trial—by assessing: the degree of confidence with which four …
Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace
Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace
Montana Law Review
In the fall of 2022, the Montana Supreme Court was thrust into the national spotlight in the wake of the United States Supreme Court’s June decision in Dobbs v. Jackson Women’s Health Organization. Political commentators around the country closely watched the election for one of two seats on the highest court in the Treasure State, speculating as to whether the balance would tip in favor of justices likely to follow the direction of the United States Supreme Court and overturn Montana’s constitutional protection of abortion. The judicial election raised questions of partisan influence among the members of Montana’s highest …
Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth
Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth
Montana Law Review
Drive down a main road in one of Montana’s cities and you will count more casinos than gas stations. What’s more, even the gas station has a casino inside. Pass through a small town and you will likely find at least one Lucky Lil’s or Magic Diamond Casino. Montana is currently home to just under 1,400 state-licensed gambling operators and ranks fifth in the nation in casinos per capita with 1.7 casinos per thousand residents. One study used 21 different metrics including casinos per capita, lottery sales per capita, casino revenues, and gambling-related arrests per capita. Based on these metrics, …
The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel
The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel
Montana Law Review
Rising racial tensions in the South following desegregation catalyzed the introduction of the 1964 Civil Rights Act (CRA). However, protections based on gender were not included until the House floor debate on the bill. Congressman Howard Smith, a staunch segregationist, introduced “sex” as a protected class in Title VII of the act as a “poison pill” meant to kill the bill.4 Title VII of the CRA—prior to Smith’s amendment—prohibited employment discrimination based on race, color, religion, or national origin. Supporters of the bill feared the inclusion of sex would cause Northern Democrats allied with labor unions to abandon their support …
Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox
Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox
Montana Law Review
It’s a rare millennial who is not familiar with “Legally Blonde,” a movie about an unlikely law school candidate attending Harvard Law School. In her application video, Elle Woods, click-clacking along in her high heels and pink sundress, tells the camera that she “feel[s] comfortable using legal jargon in everyday life.” The audience hears a wolf whistle, and a shirtless man runs up, pats her on the backside, then runs on. She says, “I object!”, gives the camera a big smile, and continues on her way. Although this scene is clearly a comedic Hollywood creation, the legal jargon Ms. Woods …
The Montana Supreme Court – The Statistics, Monte Cole, Adam Taub
The Montana Supreme Court – The Statistics, Monte Cole, Adam Taub
Montana Law Review
The Montana Supreme Court is Montana’s highest court. Unlike most state court systems, Montana does not have an intermediate appellate court. The Montana Supreme Court hears direct appeals from all of the district courts across the state, as well as from the Workers’ Compensation Court and the Water Court. In keeping with the trends of recent years, the Montana Supreme Court has continued to issue more than twice the number of opinions as the United States Supreme Court. Many of these opinions become binding precedent that Montana’s legal community must keep abreast of and incorporate into their practices and scholarship. …
Preview; Little Big Warm Ranch, Llc V. Doll, Noah Gipson
Preview; Little Big Warm Ranch, Llc V. Doll, Noah Gipson
Montana Law Review Online
No abstract provided.
Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.
Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson
Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.
Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis
Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.