An Environmental Grant

Most eyes have focused on the Supreme Court’s recent decisions in Wal-Mart v. Dukes and AEP v. Connecticut. Yet the Court has also continued to grant additional cases for next term. Among Monday’s grants was PPL Montana PLC v. Montana, the first (and thus far only) environmental case on the docket for OT 2011. It’s an interesting case concerning how to determine whether a river is “navigable,” which has implications for the scope of state public trust authority. Richard Frank previews the case here.