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University of Montana School of Law
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    2622 research outputs found

    McGirt v. Oklahoma

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    The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that Congress never disestablished the Creek Reservation, and therefore, Oklahoma had no jurisdiction over Mr. McGirt

    FMC Corp. v. Shoshone-Bannock Tribes

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    In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over the non-Indian corporation in federal court. FMC Corp. v. Shoshone-Bannock Tribes demonstrates the complexities and fraught nature of tribal civil jurisdiction

    Master Limited Partnerships: A Step in the Renewable Direction

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    Principles of Natural Resources Law (consise hornbook series)

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    https://scholarship.law.umt.edu/faculty_books/1012/thumbnail.jp

    The Writing and Ratification Of The 1992 Montana Constitution

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