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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.
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.
Western Watersheds Project V. Jewell, Hannah S. Cail
Western Watersheds Project V. Jewell, Hannah S. Cail
Public Land & Resources Law Review
The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.