Power Co. Triumphs In High Court Ruling On Navigable Waters

Law360, New York (February 22, 2012, 1:04 PM EST) -- The U.S. Supreme Court on Wednesday ruled PPL Montana LLC doesn't have to pay some $49 million to Montana for operating hydroelectric plants on its riverbeds, unanimously rejecting a state court's ruling that rivers with waterfalls and other "interruptions" were navigable.

In an opinion by Justice Anthony Kennedy, the Supreme Court ruled the three rivers at issue were not in fact navigable when Montana became a state, relying in part on the chronicles of Lewis and Clark, who had to carry their canoes on land to...
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