Supreme Court to Consider EQUAL FOOTING DOCTRINE, NAVIGABILITY, PROPERTY, FEDERALISM - PPL Montana, LLC v. Montana (10-218)

I received this from a friend, fellow paddler, HRWA member, and lawyer(!). 
I find it fascinating and thought others might as well.
Should be interesting to follow through the Supreme Court.
NB

<<This may bore you to tears but, I suspect, it may impact discussions for some of you on those creeks and bayous that you call home for the clubs. It will be argued before the US Supreme Court on December 7. So, keep an ear open for any commentary about it. Feel free to forward or to circulate.

Best wishes, Richard Clifford

PPL Montana, LLC v. Montana (10-218)

Oral argument: Dec. 7, 2011

Appealed from: Montana Supreme Court (Mar. 30, 2010)

EQUAL FOOTING DOCTRINE, NAVIGABILITY, PROPERTY, FEDERALISM

After a lawsuit against hydroelectric company PPL Montana was dismissed in federal court, PPL Montana sought a declaratory judgment in state court to determine the ownership of riverbeds along three Montana rivers. The State of Montana asserted that it owned the riverbeds under the equal footing doctrine, and sought compensation for PPL Montana's use of the land. The Montana Supreme Court affirmed the lower court's grant of summary judgment to Montana, holding that the State of Montana owned the riverbeds and that PPL Montana owed the State of Montana $40,956,180. The issue of title largely turns upon whether the river is "navigable." PPL Montana argues that navigability for title purposes should be determined by looking at individual segments of rivers and the actual commercial use of rivers at the time statehood was obtained. Montana contends that the proper navigability test is the susceptibility of travel through longer river stretches, which can be informed by current uses. The Supreme Court's decision may affect rivers' public benefits and the reliance interests of riverbed owners.

continues...

--   Richard C. Clifford, Esq. Attorney at Law 

Nov 30: Riverkeeper presentation: Hows's the Water?

How’s the Water – and How Can We Improve It? A Joint Presentation by Riverkeeper and Clearwater, sponsored by the Yonkers Paddling and Rowing Club and the Hudson River Watertrail Association

Photo courtesy Greg Porteus

When:

November 30, 2011: 6:30PM to 8:00PM

Where:

Beczak Environmental Education Center, 35 Alexander St. – two blocks north of the train station in Yonkers, NY map

The public is invited to join representatives from Riverkeeper’s Patrol Boat Program and the Hudson River Sloop Clearwater’s Green Cities program for presentations about water quality in the Hudson River and its tributaries, and what we can do to improve it.
The Hudson River has long defined the character and quality of life in our communities. In recent decades the Hudson has enjoyed a revival with increasing numbers of people wanting to live near it and recreate in it. However, our management of the river has not kept pace with its new role as a popular recreational destination.
For six years, Riverkeeper’s Patrol Boat and its scientific partners have been testing the water for sewage contamination and reporting the findings to the public. Riverkeeper will present data from its Water Quality Testing Program, and discuss opportunities to improve public notification of sewage discharges and Hudson River water quality for safer swimming, boating and fishing.
Because the cities of the Hudson River Valley drive regional economic development and have high concentration of diverse people and environmental concerns, Clearwater has developed the Green Cities Initiative. Clearwater will present its Green Cities programs, which include working with underserved communities in waterfront cities to include principles of sustainability – such as watershed protection, green infrastructure practices, environmental justice, and climate justice – into all phases of municipal and community planning.
Questions and discussion will follow the presentations.
This event is sponsored by the Yonkers Paddling and Rowing Club and the Hudson River Watertrail Association, and made possible by a grant from the Westchester Community Foundation. Attendees will be asked for a suggested donation of $5 to benefit Beczak Environmental Education Center.