Monday, May 5, 2014

Yellowstone Water/ Public Prayer/ Excessive Force




Lower Yellowstone Project
“Bureau of Reclamation's Lower Yellowstone Project is located in eastern Montana and western North Dakota. Intake Diversion Dam is located approximately 70 miles upstream of the confluence of the Yellowstone and Missouri rivers near Glendive, Montana. The Lower Yellowstone Project was authorized by the Secretary of the Interior on May 10, 1904. Construction of the Lower Yellowstone Project began in 1905 and included Intake Diversion Dam (also known as Yellowstone River Diversion Dam) – a 12-foot high wood and stone diversion dam that spans the Yellowstone River and diverts water into the Main Canal for irrigation. The Lower Yellowstone Project was authorized to provide a dependable water supply sufficient to irrigate approximately 52,000 acres of land on the benches above the west bank of the Yellowstone River. Water is also supplied to irrigate approximately 830 acres in the Intake Irrigation Project and 2,200 acres in the Savage Unit. Both of the smaller irrigation projects pump water from the Main Canal. The average annual volume of water diverted for these projects is 327,046 acre-feet.”

Missoulian: High court ruling favors prayer at council meeting
Town of Greece v. Galloway
“Since 1999, the monthly town board meetings in Greece, New York, have opened with a roll call, a recitation of the Pledge of Allegiance, and a prayer given by clergy selected from the congregations listed in a local directory. While the prayer program is open to all creeds, nearly all of the local congregations are Christian; thus, nearly all of the participating prayer givers have been too. Respondents, citizens who attend meetings to speak on local issues, filed suit, alleging that the town violated the First Amendment’s Establishment Clause by preferring Christians over other prayer givers and by sponsoring sectarian prayers.”

Missoulian: Court revives victim lawsuit in mistaken shooting
Tolan v. Cotton
“During the early morning hours of New Year’s Eve, 2008, police sergeant Jeffrey Cotton fired three bullets at Robert Tolan; one of those bullets hit its target and punctured Tolan’s right lung. At the time of the shooting, Tolan was unarmed on his parents’ front porch about 15 to 20 feet away from Cotton. Tolan sued, alleging that Cotton had exercised excessive force in violation of the Fourth Amendment. The District Court granted summary judgment to Cotton, and the Fifth Circuit affirmed, reasoning that regardless of whether Cotton used excessive force, he was entitled to qualified immunity because he did not violate any clearly established right.”

Monday, April 28, 2014

Privacy and Cell Phones



Missoulian: Supreme Court takes on privacy in digital age
Riley v. California (13-132)
“Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual's cell phone seized from the person at the time of arrest.”
United States v. Wurie (13-212)
“Whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cell phone found on a person who has been lawfully arrested.”

Friday, April 25, 2014

Fort Peck Ground Water Contamination




Missoulian: Fort Peck Reservation study maps large, salty groundwater plume
Delineation of brine contamination in and near the East Poplar oil field, Fort Peck Indian Reservation, northeastern Montana, 2004-09
“The extent of brine contamination in the shallow aquifers in and near the East Poplar oil field is as much as 17.9 square miles and appears to be present throughout the entire saturated zone in contaminated areas. The brine contamination affects 15–37 billion gallons of groundwater. Brine contamination in the shallow aquifers east of the Poplar River generally moves to the southwest toward the river and then southward in the Poplar River valley. The likely source of brine contamination in the shallow aquifers is brine that is produced with crude oil in the East Poplar oil field study area. Brine contamination has not only affected the water quality from privately owned wells in and near the East Poplar oil field, but also the city of Poplar’s public water-supply wells.”