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PPL MONTANA, LLC v. MONTANA

No. 10-218.

132 S.Ct. 1215 (2012)

182 L.Ed.2d 77

PPL MONTANA, LLC, Petitioner v. MONTANA.

Supreme Court of United States.

Decided February 22, 2012.

Attorney(s) appearing for the Case

Paul D. Clement, Washington, DC, for Petitioner.

Edwin S. Kneedler, for the United States, as amicus curiae, supporting the Petitioner.

Gregory G. Garre, Washington, DC, for Respondent.

Ashley C. Parrish, Paul A. Mezzina, King & Spalding LLP, Washington, DC, Robert L. Sterup, Kyle A. Gray, Holland & Hart LLP, Billings, MT, Paul D. Clement, Counsel of Record, Erin E. Murphy, Bancroft PLLC, Washington, DC, Elizabeth Thomas, K & L Gates LLP, Seattle, WA, for Petitioner.

Steve Bullock, Attorney General, Anthony Johnstone, Special Assistant Attorney General, Montana Department of Justice, Helena, MT, Gregory G. Garre, Counsel of Record, Lori Alvino McGill, Katya S. Georgieva, Latham & Watkins LLP, Washington, DC, Candace F. West, Chief Legal Counsel, Montana Department of Natural Resources and Conservation, Helena, MT, for Respondent.

Justice KENNEDY delivered the opinion of the Court.

This case concerns three rivers which flow through Montana and then beyond its borders. The question is whether discrete, identifiable segments of these rivers in Montana were nonnavigable, as federal law defines that concept for purposes of determining whether the State acquired title to the riverbeds underlying those segments, when the State entered the Union in 1889. Montana contends that the rivers must be found...

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