PPL Montana v. State of Montana, No. 10-218 (2010)
Represented the Montana Farm Bureau Foundation and Cato Institute as amicus curiae to the United States Supreme Court. In PPL Montana, the Montana Supreme Court used a novel standard to determine the navigability of certain Montana rivers, thus converting ownership of those rivers to the state of Montana. In its brief, the Montana Farm Bureau argued that the Montana Supreme Court’s adoption of a standard contrary to that of the United States Supreme Court was not only a violation of precedent, but an arbitrary act amounting to a judicial taking of the private property of thousands of private property holders, including farmers and ranchers represented by the Montana Farm Bureau. The Supreme Court ultimately granted review and unanimously reversed, adopting our position.