Montana v. Wyoming and North Dakota
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 22o137 | Jan 10, 2011 | May 2, 2011 | 7-1 | Thomas | OT 2010 |
Holding: Montana has failed to state a claim for breach of the Yellowstone River Compact. Wyoming's more efficient irrigation systems are permissible under the Compact as long as the water conserved by those systems is used to irrigate the same acreage watered in 1950.
Plain English Holding: Wyoming did not violate the Yellowstone River Compact by allowing Wyoming residents to implement more efficient irrigation systems on the farmland that existed when the compact was signed, even though the result is less water flowing downstream to Montana.
Judgment: Montana"s exception to the report of the Special Master overruled, 7-1, in an opinion by Justice Thomas on May 2, 2011. Justice Scalia filed a dissenting opinion. On February 20, 2018, the report of the Special Master was received and ordered filed, and the proposed judgment and decree were entered. Justice Kagan took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- This week at the Supreme Court: In Plain English (Lisa Tucker, May 7, 2011)
- Court takes on foreign policy dispute (UPDATED) (Lyle Denniston, May 2, 2011)
- Opinion analysis: A drop of new water law (Lyle Denniston, May 2, 2011)
- January's arguments: In Plain English (Lisa Tucker, January 23, 2011)
- Argument recap: The murky depths of water law (Lyle Denniston, January 10, 2011)
- Argument preview: Upstream rights, downstream woes (Lyle Denniston, January 9, 2011)
- Montana water case -- explained (Lyle Denniston, October 13, 2010)
| Date | Proceedings and Orders |
|---|---|
| 01/30/2007 | Documents filed with the Special Master are available at www.stanford.edu/dept/law/mvn/ |
| 01/31/2007 | Motion for leave to file a bill of complaint filed. |
| 04/03/2007 | Brief of respondent Wyoming in opposition filed. |
| 04/16/2007 | Reply of Montana, Plaintiff filed. (Distributed) |
| 04/17/2007 | DISTRIBUTED for Conference of May 10, 2007. |
| 05/14/2007 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 01/02/2008 | Brief amicus curiae of United States filed. |
| 01/16/2008 | DISTRIBUTED for Conference of February 15, 2008. |
| 02/19/2008 | The Motion for leave to file a bill of complaint is GRANTED. Wyoming is allowed 45 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. The plaintiff is allowed 30 days to file a response to the motion. A reply, if any, shall be filed within 10 days after the response is filed. |
| 04/02/2008 | The briefing schedule is extended to reflect the following due dates: Wyoming's motion to dismiss due April 4, 2008; amici briefs supporting Wyoming due April 25, 2008; Montana's response due May 9, 2008; amici briefs supporting Montana due May 16, 2008; Wyoming's reply due May 27, 2008. |
| 04/04/2008 | Motion to Dismiss Bill of Complaint filed by respondent Wyoming (CL Page 158) |
| 04/25/2008 | Motion for leave to file amicus brief filed by Anadarko Petroleum Corporation. |
| 05/09/2008 | Response to Wyoming's Motion to Dismiss Bill of Complaint from Montana, Plaintiff filed. |
| 05/16/2008 | Brief amicus curiae of United States filed. |
| 05/16/2008 | Brief amicus curiae of Northern Cheyenne Tribe filed. |
| 05/27/2008 | Reply of respondent Wyoming in support of its Motion to Dismiss Bill of Complaint filed. |
| 06/03/2008 | Motion DISTRIBUTED for Conference of June 19, 2008. |
| 06/11/2008 | Motion DISTRIBUTED for Conference of September 29, 2008. |
| 10/06/2008 | DISTRIBUTED for Conference of October 10, 2008. |
| 10/14/2008 | DISTRIBUTED for Conference of October 17, 2008. |
| 10/20/2008 | Motion to Dismiss Bill of Complaint referred to the Special Master. |
| 10/20/2008 | Motion for leave to file amicus brief filed by Anadarko Petroleum Corporation referred to the Special Master. |
| 10/20/2008 | BARTON H. THOMPSON, Esquire, of Stanford, California, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. |
| 07/01/2009 | Motion for allowance of fees and expenses filed by Special Ma (CL Page 162) |
| 07/15/2009 | Motion DISTRIBUTED for Conference of September 29, 2009. |
| 10/05/2009 | The motion of the Special Master for allowance of fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $40,808.96 for the period October 20, 2008, through June 12, 2009, to be paid equally by the parties. |
| 02/09/2010 | First Interim Report of the Special Master filed |
| 03/08/2010 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. |
| 04/15/2010 | Order extending time to file Exceptions to and including May 13, 2010. Reply Briefs, if any are now due June 15, 2010 and Sur-replies are due July 15, 2010. |
| 05/13/2010 | Montana's Exception and Brief to the First Interim Report of the Special Master Filed. |
| 05/20/2010 | Brief amicus curiae of Northern Cheyenne Tribe filed. |
| 06/15/2010 | Reply to Montana's Exception filed by Wyoming. |
| 06/22/2010 | Brief amicus curiae of United States filed. |
| 06/22/2010 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 07/12/2010 | Motion for allowance of fees and expenses filed by Special Master. (CL Page 163) |
| 07/14/2010 | Sur-Reply filed by Montana |
| 07/21/2010 | Exceptions DISTRIBUTED for Conference of September 27, 2010. |
| 07/28/2010 | Motion DISTRIBUTED for Conference of September 27, 2010. |
| 10/04/2010 | DISTRIBUTED for Conference of October 8, 2010. |
| 10/12/2010 | The motion of the Special Master for allowance of fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $72,008.74 for the period June 13, 2009, through July 9, 2010, to be paid equally by the Montana and Wyoming. Justice Kagan took no part in the consideration or decision of this motion. |
| 10/12/2010 | The first exception to the Special Master’s First Interim Report is set for oral argument in due course. The second exception is recommitted to the Special Master. Wyoming's motion to dismiss is denied. Justice Kagan took no part in the consideration or decision of these exceptions and this motion. |
| 10/12/2010 | Motion DISTRIBUTED for Conference of October 15, 2010. |
| 10/18/2010 | Montana's motion for partial summary judgment is granted in part and denied in part without prejudice in accordance with the Special Master's First Interim Report, and Anadarko Petroleum's motion for leave to intervene is denied. Justice Kagan took no part in the consideration or decision of these motions. |
| 11/01/2010 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the condsideration or decision of this motion. |
| 11/08/2010 | SET FOR ARGUMENT ON Monday, January 10, 2011. |
| 11/12/2010 | CIRCULATED. |
| 01/11/2011 | Argued. For plaintiff: Steve Bullock, Attorney General, Helena, Mont. For defendant Wyoming: Peter Kenneth Michael, Senior Assistant Attorney General, Wyo.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 05/02/2011 | Exception overruled. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case. |
| 09/06/2013 | Motion for allowance of fees and disbursements filed by Special Master. |
| 10/02/2013 | Motion DISTRIBUTED for Conference of October 18, 2013. |
| 10/21/2013 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $72,322.76 for the period May 19, 2011, through July 1, 2013, to be paid equally by Montana and Wyoming. |
| 12/19/2014 | Fourth Interim Motion for Allowance of Fees and Disbursements filed by Special Master. |
| 12/29/2014 | Second Interim Report of the Special Master filed |
| 01/07/2015 | Motion DISTRIBUTED for Conference of January 23, 2015. |
| 02/09/2015 | DISTRIBUTED for Conference of February 20, 2015. |
| 02/23/2015 | The Fourth Interim Motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $201,104.90 for the period July 2, 2013, through April 30, 2014, to be paid equally by Montana and Wyoming. |
| 02/23/2015 | Report of the Special Master received and ordered filed. The Court notes that the Master has twice directed the parties to address whether the amount of damages at stake justifies further proceedings. The Master’s Report and the submissions of the parties indicate that fees and expenses could well exceed any recovery. The parties are therefore directed to consider carefully whether it is appropriate for them to continue invoking the jurisdiction of this Court. See Arizona v. California, 373 U. S. 546, 564 (1963) (“[W]e are mindful of this Court’s often expressed preference that, where possible, States settle their controversies by mutual accommodation and agreement.” (internal quotation marks omitted)). The Special Master is encouraged to facilitate efforts to resolve the parties’ dispute without the need for a damages proceeding, including by revisiting the arrangement for division of fees and expenses. Cf. Fed. Rule Civ. Proc. 68. If the parties elect to continue, exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days |
| 04/09/2015 | Montana's Exception and Brief filed. |
| 04/09/2015 | Wyoming's Exception to the Second Interim Report of the Special Master and Brief in Support filed. |
| 05/07/2015 | Reply to Montana's exception of respondent Wyoming filed. |
| 05/11/2015 | Montana's Reply Opposing the Exception of Wyoming. |
| 06/03/2015 | Sur-Reply in support of exception of respondent Wyoming filed. |
| 06/10/2015 | Sur-Reply of plaintiff Montana, in support of its exception filed. |
| 07/08/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 09/02/2015 | Motion to defer consideration filed by Montana, Plaintiff. (Distributed) |
| 09/14/2015 | Opposition to motion of respondent Wyoming filed.(Distributed) |
| 09/16/2015 | Reply of petitioner Montana, Plaintiff filed. (Distributed) |
| 10/05/2015 | The motion of Montana, to defer consideration of this case and the exceptions to the Special Master’s Second Interim Report filed December 29, 2014 for a period of three months is granted. The parties are ordered to submit a joint status report to the Court no later than December 31, 2015. |
| 12/23/2015 | Joint Status Report Filed |
| 01/06/2016 | DISTRIBUTED for Conference of January 22, 2016. |
| 02/08/2016 | DISTRIBUTED for Conference of February 19, 2016. |
| 02/29/2016 | DISTRIBUTED for Conference of March 4, 2016. |
| 03/14/2016 | DISTRIBUTED for Conference of March 18, 2016. |
| 03/21/2016 | Order and Judgment issued on the Special Master's Second Interim Report. (Detached Opinion) |
| 01/27/2017 | Fifth Interim Motion of the Special Master for Allowance of Fees and Expenses |
| 02/08/2017 | DISTRIBUTED for Conference of February 24. |
| 02/27/2017 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $162,815.08 for the period May 1, 2014, through December 31, 2016, to be paid equally by Montana and Wyoming. Justice Kagan took no part in the consideration or decision of this motion. |
| 01/10/2018 | Final Report of the Special Master filed. |
| 01/19/2018 | Joint Letter to the Court filed. |
| 01/31/2018 | DISTRIBUTED for Conference of 2/16/2018. |
| 02/20/2018 | The Report of the Special Master is received and ordered filed. The proposed Judgment and Decree are entered. Justice Kagan took no part in the consideration or decision of this case. |
| 02/20/2018 | Final Motion of Special Master for Allowance of Fees and Disbursements filed by Special Master. |
| 03/07/2018 | DISTRIBUTED for Conference of 3/23/2018. |
| 03/26/2018 | Final Motion of Special Master for Allowance of Fees and Disbursements GRANTED and the Special Master is awarded a total of $51,984.57 for the period January 1, 2017 through January10, 2018, to be paid equally by Montana and Wyoming. Barton H. Thompson, of Stanford, California, the Special Master in this case, is hereby discharged with the thanks of the Court. Justice Kagan took no part in the consideration or decision of this motion. |