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Articles 1 - 30 of 90
Full-Text Articles in Law
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
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
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
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
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 …
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
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 …
Aid In Dying In Montana Keynote Address: Some Personal Perspectives About Where We Are, Where We Are Going, And Whether The Courts Are Part Of The Problem Or The Solution, James C. Nelson
Montana Law Review
No abstract provided.
The Montana Supreme Court – The Statistics, Brent Mead, Dillon Kato
The Montana Supreme Court – The Statistics, Brent Mead, Dillon Kato
Montana Law Review
No abstract provided.
Aid In Dying In Montana: Ten Years After State V. Baxter, Kathryn L. Tucker
Aid In Dying In Montana: Ten Years After State V. Baxter, Kathryn L. Tucker
Montana Law Review
No abstract provided.
A Right To Die, A Right To Insurance Payouts? The Implications Of Physician-Assisted Suicide On Life Insurance Benefits, Amber N. Morris
A Right To Die, A Right To Insurance Payouts? The Implications Of Physician-Assisted Suicide On Life Insurance Benefits, Amber N. Morris
Montana Law Review
No abstract provided.
Constitutional Teeth: Sharpening Montana's Clean And Healthful Environment Provision, Hallee C. Kansman
Constitutional Teeth: Sharpening Montana's Clean And Healthful Environment Provision, Hallee C. Kansman
Montana Law Review
No abstract provided.
Special Education, Guardianships, And Procedural Due Process, Ally Seneczko
Special Education, Guardianships, And Procedural Due Process, Ally Seneczko
Montana Law Review
No abstract provided.
Significant Montana Cases, Hannah Higgins, Katy Lindberg
Significant Montana Cases, Hannah Higgins, Katy Lindberg
Montana Law Review
No abstract provided.
Aid In Dying In Montana: Three Takeaways, James C. Nelson
Aid In Dying In Montana: Three Takeaways, James C. Nelson
Montana Law Review
No abstract provided.
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster
Public Land & Resources Law Review
The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Atlantic Richfield Company V. Christian, Jo J. Phippin
Atlantic Richfield Company V. Christian, Jo J. Phippin
Public Land & Resources Law Review
In 1983, the EPA designated roughly 300 miles of polluted mining land near Butte, Montana, as a Superfund site, which the EPA now manages. In 2008, landowners adjacent to the Superfund site brought state law claims against Atlantic Richfield, the company that owned the smelter site. In March 2020, the Supreme Court of the United States ruled that Montana state courts have jurisdiction over the landowners’ suit, and that the landowners on this Superfund site qualify as potentially responsible parties.
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States was recently asked to decide whether the Clean Water Act requires a permit for the discharge of pollutants that originate from a point source but are conveyed to navigable waters by a nonpoint source. Vacating the Ninth Circuit’s “fairly traceable” test, the Court held the Clean Water Act requires a permit when there is a direct discharge of pollutants from a point source into navigable waters or when there is the “functional equivalent of a direct discharge.”
350 Montana V. Bernhardt, Ryan W. Frank
350 Montana V. Bernhardt, Ryan W. Frank
Public Land & Resources Law Review
In its second trip before the District Court of Montana, the Bull Mountain Mine expansion was again halted, this time due to coal train derailments. The Bull Mountain Mine expansion, previously enjoined in 2015 for violating the National Environmental Policy Act, was revived in 2018 when the Office of Surface Mining Reclamation and Enforcement approved the expansion a second time. Here, the court found the Office of Surface Mining Reclamation and Enforcement did not comply with the National Environmental Policy Act on grounds that the Environmental Assessment failed to properly analyze the risk of train derailments.
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Estate Planning Choice Of Wealth Management Entity: The Limited Partnership As An Alternative To The Trust, Elaine H. Gagliardi
Estate Planning Choice Of Wealth Management Entity: The Limited Partnership As An Alternative To The Trust, Elaine H. Gagliardi
Faculty Law Review Articles
The substantial and steady increases in the amount a taxpayer can transfer free of federal estate, gift, and generation skipping transfer taxes1 makes transfer tax planning irrelevant when counseling more than 99.9% of Americans.2 Traditional estate planning structures set in place at a time when the estate tax impacted many more Americans may no longer achieve a client’s current estate planning goals. The seismic shift in the estate planning paradigm requires estate planners rethink use of planning structures in light of shifting client objectives. Evaluated in terms of these shifting objectives, the limited partnership may prove just as nimble as …
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.