16 Environmental Law 163 (1986)
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.
Cole, Daniel H., "United States v. Pend Oreille County P.U.D. No. 1: A Signal Conflict between Equal Footing and Aboriginal Indian Title" (1986). Articles by Maurer Faculty. Paper 926.