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Jack Tuholske

Jack Tuholske

Visiting Associate Professor of Law
406-243-6653
jack.tuholske@umontana.edu
Law 304

Jack Tuholske is a visiting professor who will teach Constitutional Law and Environmental Litigation beginning the fall of 2010. He is a co-advisor to the Public Land & Resources Law Review.

Since graduating from The University of Montana School of Law with honors in 1985, Tuholske has been in private practice in Missoula, Montana, with an emphasis on public interest environmental litigation in state and federal court in Montana and the West.  He has been lead counsel for over 45 published decisions, including over a dozen successful cases at the Montana Supreme Court.  These cases span environmental, land use, water law, constitutional law and natural resource management.  In recognition of his work on behalf of public interest groups, Tuholske was awarded the William O. Douglas Award by the Sierra Club in 2002 and the Kerry Rydberg Award in 2010 by the University of Oregon Public Interest Environmental Law Conference.

More recently, Tuholske has combined teaching with his practice.  He has taught a variety of courses and lectured frequently at The University of Montana for the past 15 years. Recently, he was a Visiting Professor at Vermont Law School, teaching water resources, constitutional law, environmental law and a seminar on constitutions and the environment.  In the spring of 2009 Tuholske taught two courses at the Law Faculty University of Ljubljana in Slovenia as a Fulbright Scholar, one on the law of climate change and the other a comparative class on EU/US environmental law and policy. Tuholske believes the combination of teaching, writing and litigating provides a wonderful opportunity to learn with his students and colleagues, and translate that knowledge into courtroom advocacy.

Tuholske lives in Missoula, Montana, with his wife Lilly, and their three boys (now young men), Oliver, Benjamin and Cascade.  He and his family enjoy the good tidings of the Northern Rockies: rock climbing, back country skiing, gardening and community activities.  

PUBLICATIONS

Going with the Flow: The Montana Court's Conservative Approach to Constitutional Interpretation, 72 Mont. L. Rev. 237 (2011).

Hot Water, Dry Streams: A Tale of Two Trout, 34 Vt. L. Rev. 927 (2010).

Trusting the Public Trust: Application of the Public Trust Doctrine to Groundwater Resources, 9 Vt. L. Rev. 189 (2008).

The Legislatoture Shall Make No Law... Abridging Montanans' Constitutional Rights to a Clean and Healthful Environment, 15 Southeastern Envtl. L.J. 311 (2007).

A Litigator's Perspective: The Montana TMDL Litigation, 22 Pub. Land & Resources L. Rev. 3 (2001).

The National Forest Management Act: Judicial Interpretation of a Substantive Environmental Statute, 17 Pub. Land L. Rev. 33 (1994).