Thursday, February 23, 2012
The U.S. Supreme Court published its decision in PPL Montana, LLC, v. Montana. The opinion is here.
A unanimous Court (Kennedy, J.) reversed the Montana Supreme Court's holding that the State of Montana owns and may charge for the use of the riverbeds at issue.
Prof. Tim Mulvaney had an insightful analysis of the cert grant for us in a guest-post last year. We previewed the oral argument here. SCOTUSblog has, as always, a great roundup of early analysis and links.
I look forward to hearing more discussion of this important land use case in the near future.