Supreme Court of the United States

Ppl Montana, LLC v. Montana

February 22, 2012132 S. Ct. 1215

Summary

The Supreme Court reversed the Montana Supreme Court's judgment affirming State title to certain riverbeds under the equal-footing doctrine. The Court held that navigability for title purposes must be determined segment-by-segment at the time of statehood, and that overland portage indicates non-navigability. The Court rejected reliance on present-day recreational use without evidence of historical similarity. Justice Kennedy delivered the opinion; there were no dissenting opinions.