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Articles 151 - 180 of 421
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Stream Access Remembrance, Ron Waterman
Stream Access Remembrance, Ron Waterman
Public Land & Resources Law Review
No abstract provided.
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Public Land & Resources Law Review
No abstract provided.
The Water Use Act, Gary Wicks
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
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
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
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
The Senate Democratic Caucus Of 1975, Thomas E. Towe
Public Land & Resources Law Review
No abstract provided.
An Epic Depate, Greg Jergeson
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
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
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
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
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
The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell
Public Land & Resources Law Review
No abstract provided.
Alice Creek, Dolores Colburg
Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden
Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden
Public Land & Resources Law Review
No abstract provided.
Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte
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
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
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.
Tax Burdens And Tribal Sovereignty: The Prohibition On Lavish And Extravagant Benefits Under The Tribal General Welfare Exclusion, Pippa Browde
Faculty Law Review Articles
This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any "Indian general welfare benefit." Indian general welfare benefits are payments made to tribal members by the tribe pursuant to an Indian tribal government program for the promotion of general welfare, such as for health, education, or housing. The TGWE is intended, in part, to promote participation in American Indian tribal cultural and ceremonial practices. To that end, Indian general welfare benefits include payments …
Navajo Nation V. United States Department Of The Interior, Adam W. Johnson
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.
Glacier Electric Cooperative, Inc., Et Al V. Gervais, Et Al, 19-Ap-03 (Blkft. Tr. Ct. App., Feb. 13, 2020), Blackfeet Appellate Court
Glacier Electric Cooperative, Inc., Et Al V. Gervais, Et Al, 19-Ap-03 (Blkft. Tr. Ct. App., Feb. 13, 2020), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal by Glacier Electric Cooperative [GEC] after it lost a jury trial over a breach of fiduciary duty to its members where $2.5 million in damages were awarded to the members. The Court considered whether the evidence presented in trial supported the jury’s decision. The Court used the Clear and Convincing evidence standard for compensatory and punitive damages. This is different from the change in GEC’s bylaws that only required appellants to have a Preponderance of evidence standard. The Court considered whether there was clear and convincing evidence that …
Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon
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.
Falcon Driftwood V. Day Chief, 19-Ap-12 (Blkft. Tr. Ct. App., Jan. 29, 2020), Blackfeet Appellate Court
Falcon Driftwood V. Day Chief, 19-Ap-12 (Blkft. Tr. Ct. App., Jan. 29, 2020), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court resolved a contract dispute for the sale of a trailer, in favor of the Plaintiff after the Respondent failed to make payments and pay insurance for the trailer to the Plaintiff pursuant to the legally binding contract. The Plaintiff retained legal title until such time as Respondent paid for the trailer in full. The Court reversed the lower court determination and ruled that the Respondent is to return the trailer, in the same condition received by the respondent, within 10 days.
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights, Monte Mills
Beyond The Belloni Decision: Sohappy V.Smith And The Modern Era Of Tribal Treaty Rights, Monte Mills
Faculty Law Review Articles
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation’s natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty protected rights, which the United States Constitution upholds as the supreme law of the land, to defend the resources on which they and their ancestors have relied for generations. Those claims have resulted in significant legal victories, igniting a broader movement in favor of tribal sovereignty and …
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Graduate Student Theses, Dissertations, & Professional Papers
Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns
Graduate Student Theses, Dissertations, & Professional Papers
This long-form journalistic story and photo essay is about the Blackfoot Tribes in the United States and Canada and their efforts to restore bison to their land, their diet, and their culture. In 2014, ten tribes from the United States and Canada came together at Blackfeet Nation in Browning, Montana to sign the Buffalo Treaty, a commitment to bringing wild buffalo back to parts of their historical range. The Treaty signing marked the first time in more than 150 years that a diverse group of tribes, some historical enemies, came together in the name of restoring the animal they evolved …