Jack Tuholske

Biography

Jack Tuholske’s 30 year legal career has focused on public interest environmental litigation in state and federal court in Montana and the West. He has been lead counsel for over 50 published decisions, including over a dozen successful cases at the Montana Supreme Court in the fields of water law, land use, constitutional law and natural resource management. In recognition of his public interest work, he 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.

Jack has been on the Vermont Law School faculty since 2003, teaching a wide range of Summer Program, traditional law and Distance Learning courses. In 2009 he taught at the Law Faculty of University of Ljubljana in Slovenia as a Fulbright Scholar. In 2011 he co-founded the Water and Justice Program at Vermont, providing students with an opportunity to work on water-related policy and legal questions for NGOs from around the country. He also serves as a Technical Advisor to VLS’s U.S.- Asia Partnership in Environmental Law, and regularly travels to China to help develop public interest environmental litigation in China. Each summer he leads a dozen students into the wilds of Montana and Idaho for the Montana Public Lands Field Seminar, a traditional law class taught entirely in the backcountry.

Publications

Articles

​Jack R. Tuholske, Diamonds in the Rough, Litigating State Environmental Constitutional Provisions, Widener Law Review (accepted and being edited for Winter 2015).​​
Jack R. Tuholske, The Montana Supreme Court's Conservative Approach to Interpreting New Fundamental Rights, 72 Mont. L. Rev. 237 (2011).​ ​
​Sarah A. Klahn Esq. and Jack R. Tuholske, A Survey of Western Water Law Regulation of Coalbed Methane Produced Ground Water, 77 The Water Report 1 (July 15, 2010).​ ​
​Jack R. Tuholske, Hot Water, Dry Streams: A Tale of Two Trout, 34 Vt L. Rev. 927 (2010).
Jack R. Tuholske, When Is a Stream a Stream, Natural, and Property Private? 59 The Water Report 10 (Jan.15, 2009).
​Jack R. Tuholske, Groundwater and the Public Trust Doctrine: A Fresh Application of an Age-old Principle, 9 Vt J. Envtl. L. 189 (2008).
​Jack R. Tuholske, The Legislature Shall Make No Law . . . Abridging Montanans' Constitutional Rights to a Clean and Healthful Environment, 15 Southeastern Envtl. L.J.311 (2007).

Commentaries

​Jack R. Tuholske, Michael G. Bader, Creating Resilient Habitats: Native Fish Recovery in a Time of Climate Change, Sierra Club Western Regional Office, (Oct. 2008).​