STATE OF MONTANA v. TALEN MONTANA, LLC; NORTHWESTERN CORPORATION; UNITED STATES OF AMERICA; UNITED STATES FOREST SERVICE; UNITED STATES BUREAU OF RECLAMATION; UNITED STATES BURE...
The Ninth Circuit affirmed a district court judgment quieting title to riverbeds, holding that only the Sun River to Black Eagle Falls Segment was navigable in fact at the time of Montana's statehood. The court rejected the State's argument that actual river use alone establishes navigability and confirmed that the segment-by-segment analysis required by PPL Montana was correctly applied to all disputed reaches.