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Articles 61 - 82 of 82

Full-Text Articles in Law

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.


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 …


Brackeen V. Zinke, Bradley E. Tinker Dec 2018

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …


United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land & Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …


Lewis V. Clarke, Summer L. Carmack Sep 2017

Lewis V. Clarke, Summer L. Carmack

Public Land & Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state …