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Articles 31 - 58 of 58

Full-Text Articles in Law

History Of The Coal Tax, Thomas E. Towe Aug 2020

History Of The Coal Tax, Thomas E. Towe

Public Land & Resources Law Review

No abstract provided.


The Wild River Bill: House Bill 133, Harrison Fagg Aug 2020

The Wild River Bill: House Bill 133, Harrison Fagg

Public Land & Resources Law Review

No abstract provided.


Stream Access Remembrance, Ron Waterman Aug 2020

Stream Access Remembrance, Ron Waterman

Public Land & Resources Law Review

No abstract provided.


Implementation Of Montana's Strip Mine Legislation, Leo Berry Aug 2020

Implementation Of Montana's Strip Mine Legislation, Leo Berry

Public Land & Resources Law Review

No abstract provided.


The Water Use Act, Gary Wicks Aug 2020

The Water Use Act, Gary Wicks

Public Land & Resources Law Review

No abstract provided.


A Little History And A Few Of Its Heroes, Daniel Kemmis Aug 2020

A Little History And A Few Of Its Heroes, Daniel Kemmis

Public Land & Resources Law Review

No abstract provided.


A Retrospective: The Golden Years, Peter M. Meloy Aug 2020

A Retrospective: The Golden Years, Peter M. Meloy

Public Land & Resources Law Review

No abstract provided.


The Hard Rock Mining Bill: House Bill 243, Harrison Fagg Aug 2020

The Hard Rock Mining Bill: House Bill 243, Harrison Fagg

Public Land & Resources Law Review

No abstract provided.


The Senate Democratic Caucus Of 1975, Thomas E. Towe Aug 2020

The Senate Democratic Caucus Of 1975, Thomas E. Towe

Public Land & Resources Law Review

No abstract provided.


An Epic Depate, Greg Jergeson Aug 2020

An Epic Depate, Greg Jergeson

Public Land & Resources Law Review

No abstract provided.


How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent Aug 2020

How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent

Public Land & Resources Law Review

No abstract provided.


The Montana Environmental Information Center, Robin Nichols Aug 2020

The Montana Environmental Information Center, Robin Nichols

Public Land & Resources Law Review

No abstract provided.


The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate Aug 2020

The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson Aug 2020

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.


The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell Aug 2020

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.


Alice Creek, Dolores Colburg Aug 2020

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.


Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden Aug 2020

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.


Author Biographies Aug 2020

Author Biographies

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Aug 2020

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter From The Editor Aug 2020

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.


Plrlr Editors And Staff Aug 2020

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.


Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte May 2020

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla Apr 2020

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …


Juliana V. United States, Anthony Reed Apr 2020

Juliana V. United States, Anthony Reed

Public Land & Resources Law Review

Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.


Navajo Nation V. United States Department Of The Interior, Adam W. Johnson Mar 2020

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.


Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon Feb 2020

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.


Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed Jan 2020

Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed

Public Land & Resources Law Review

The DEQ renewed a 1999 MPDES Permit on September 14, 2012 that allowed Western Energy Company to discharge pollutants from the Rosebud Mine into streams. Environmental groups MEIC and the Sierra Club sued, arguing this violated both the Montana Water Quality Act and federal Clean Water Act because the DEQ’s interpretation of its own regulations that exempted waters with ephemeral characteristics from water quality standards was arbitrary and capricious. The district court agreed, but the Montana Supreme Court reversed. It held the DEQ’s interpretation was lawful and remanded for further fact finding to assess how the DEQ applied the interpretation …


Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster Jan 2020

Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster

Public Land & Resources Law Review

Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.