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PPL Montana v. Montana Audio Download |
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This audio download was recorded from an April 3, 2012, "Quick Teleconference," sponsored by the ABA Section of Environment, Energy, and Resources.
The ABA is not seeking CLE credit for this program.
You will not receive CLE credit for listening. This electronic product includes the MP3 audio file of the program and any program materials. |
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Program Overview:
In PPL Montana v. Montana (Docket No. 10-218), the United States Supreme Court clarified in several important respects the parameters of the doctrine of navigability for purposes of determining state title to riverbeds, a matter governed by federal law and determined, under the equal footing doctrine, as of the date of statehood. Issues addressed by the Supreme Court included the distinction between "navigability" for purposes of title from "navigability" in a regulatory context; the importance of analyzing the navigability of a river on a segment-by-segment approach; and whether evidence of modern day usage of a river may be relied upon in determining navigability at the time of statehood. The Supreme Court ruled that the Montana Supreme Court erred in its application of these rules, and remanded the matter back to the Montana courts for further proceedings. The Supreme Court also noted that the public trust doctrine, a matter of state law, was not undermined by its ruling regarding title to the riverbeds. Panelists will include several counsel involved in the case and nationally acclaimed water law scholar Dan Tarlock.
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This download includes the MP3 audio file and the course materials in PDF files. Both files will be delivered together in a ZIP file. To play an audio download in MP3 format, your will need a media player such as iTunes,Windows Media Player, RealPlayer, or Quicktime. For instructions on loading MP3 files to a portable media device, please refer to your device's instruction manual.
Course materials require Adobe Reader®.
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Educational Objectives:
-Analyze the court's ruling on the doctrine of navigability for purposes of title;
-Discuss the ruling's impact on the rights of riparian landowners and hydropower producers; and
-Comment on the interplay between navigability for purposes of title and the public trust doctrine.
Faculty:
Moderator:
Kristen Juras, Professor, University of Montana School of Law, Missoula, MT
Panelists:
Anthony Johnstone, Professor, University of Montana School of Law, Missoula, MT
Howard E. Shapiro, Van Ness Feldman, Washington, DC
L. William Staudenmaier, Snell & Wilmer L.L.P., Phoenix, AZ
Dan Tarlock, Professor, ITT Chicago-Kent College of Law, Chicago, IL
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