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Full-Text Articles in Law
Atay V. County Of Maui, Stephanie A. George
Atay V. County Of Maui, Stephanie A. George
Public Land & Resources Law Review
As genetically engineered plants become more common, questions frequently arise regarding how the plants are regulated and who can regulate them. The Ninth Circuit attempted to answer these questions through preemption doctrine. The court left the door open for states and localities to regulate genetically engineered crops that have been deregulated by the federal government. This decision will implicate the future cultivation of genetically engineered crops, and the food industry as a whole.
United States V. Barthelmess Ranch Corp., Jonah P. Brown
United States V. Barthelmess Ranch Corp., Jonah P. Brown
Public Land & Resources Law Review
Application of water to a beneficial use is the decisive element of a perfected water right in Montana. The BLM claimed rights to five reservoirs and one natural pothole under Montana law. The agency did not own livestock, but instead made the water available to grazing permittees. In United States v. Barthelmess Ranch Corp., the Montana Supreme Court affirmed the Montana Water Court’s holding that the BLM’s practice of making water available to others constituted a beneficial use and a perfected water right.