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Donald W. Molloy

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Donald W. Molloy
Senior Judge of the United States District Court for the District of Montana
Incumbent
Assumed office
August 16, 2011
Chief Judge of the United States District Court for the District of Montana
In office
2001–2008
Preceded byJack D. Shanstrom
Succeeded byRichard F. Cebull
Judge of the United States District Court for the District of Montana
In office
August 1, 1996 – August 16, 2011
Appointed byBill Clinton
Preceded byPaul G. Hatfield
Succeeded byDana L. Christensen
Personal details
Born (1946-07-18) July 18, 1946 (age 78)
Butte, Montana, U.S.
EducationUniversity of Montana (BA, JD)

Donald William Molloy[1] (born July 18, 1946) is a senior United States district judge of the United States District Court for the District of Montana.

Early life and education

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Born into an Irish-American family in Butte, Montana, Molloy received a Bachelor of Arts degree from the University of Montana in 1968.[2] He earned his Juris Doctor from the University of Montana School of Law in 1976, where he was a member of the Law Review.[3] He was in the United States Navy, Naval Aviation from 1968 to 1973, where he became a lieutenant and served on the aircraft carrier USS John F. Kennedy (CVA-67).[2] He was a law clerk to Judge James F. Battin of the United States District Court for the District of Montana from 1976 to 1978.[3] He was in private practice in Billings, Montana from 1978 to 1995, where he was recognized as "one of the ablest lawyers in the state", holding various leadership roles in organizations in the legal community.[3]

The University College Cork conferred an honorary Degree of Doctor of Laws to Molloy in 2013.[4]

Federal judicial service

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When long-serving district judge Paul G. Hatfield announced his intent to take senior status in 1995, numerous Montana attorneys put themselves forward as potential successors on the United States District Court for the District of Montana, including Molloy.[5] Senator Max Baucus recommended Molloy to President Bill Clinton,[6] who nominated Molloy to the seat on December 21, 1995. Molloy was confirmed by the United States Senate on July 18, 1996, and received his commission on August 1, 1996. He served as chief judge from 2001 to 2008, and declared his intent to retire in December 2010,[7] finally assuming senior status on August 16, 2011.

Notable rulings

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United States vs. W.R. Grace [8]

At the time, United States vs. W.R. Grace was the largest and most significant criminal environmental case prosecuted in the United States.[4][9] The chemical company, W.R. Grace, produced vermiculite at its Libby, Montana mine. For a time, the mine produced 80% of the mineral worldwide.[9] The mineral contained asbestos which was spread throughout the town.[10] Consequently, residents were exposed to the material and suffered serious health effects. Molloy ordered the company to pay over $54.5 million dollars to the federal government for investigation and cleanup of this Superfund site.[11]

Defenders of wildlife vs. Salazar

Among his more noted rulings was a 2011 decision to return wolves in Montana and Idaho to the endangered species list, over the objection of the United States Fish and Wildlife Service.[7] In 2008 the US Fish and Wildlife Service removed a segment of the gray wolf population from the list of threatened and endangered species.[12] Environmental groups challenged the decision. Molloy's ruling was based partly on the decision of the US Congress to retain wolves on the Endangered Species Act.[13] He wrote that the court cannot "exercise its discretion to allow what Congress forbids."

Samantha Alario, et al. and TikTok Inc. vs Austin Knudsen, in his official capacity as Attorney General of the State of Montana[14]

In December 2023 Molloy blocked the state of Montana’s ban on the downloading of TikTok. The ban would have posed fines on TikTok for each time a user downloads the app within Montana.[15] Montana was the first State to enact a full ban and multiple other states supported the ban and would have followed suit if not for the ruling.[16]

References

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  1. ^ Hearings before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session, on Confirmations of Appointees to the Federal Judiciary, February 28; March 27; May 2; June 25; July 31; September 24, 1996. U.S. Government Printing Office. 1997. p. 377.
  2. ^ a b "Hon. Donald W. Molloy Chambers". US District Court District of Montana. Retrieved 12 June 2024.
  3. ^ a b c Carl Tobias, "Senate needs to finish voting soon", The Missoulian (July 24, 1996), p. 4.
  4. ^ a b "Dr. Donald Molloy, Degree of Doctor of Laws". University College Cork. Retrieved 12 June 2024.
  5. ^ Mike Dinnison, "Seven local men seeking Hatfield's job", Great Falls Tribune (September 6, 1995), p. 1.
  6. ^ "Swearing-in set for U.S. judge", The Billings Gazette (August 15, 1996), p. C-1.
  7. ^ a b "Judge Molloy to retire from active service", The Twin Falls Times-News (December 24, 2010), p. 2.
  8. ^ "United States v. WR Grace & Co.-Conn., 280 F. Supp. 2d 1135 (D. Mont. 2002)". Justia. US District Court District of Montana. Retrieved 12 June 2024.
  9. ^ a b Byock, Lila (February 25, 2009). "W.R. Grace under fire". The New Yorker. Retrieved 12 June 2024.
  10. ^ "Libby Asbestos Site". EPA. Retrieved 12 June 2024.
  11. ^ "In Landmark Ruling, Court Awards EPA $54.5 Million For Costs Incurred in the Investigation and Cleanup of Asbestos Contamination in Montana Town". US Dept of Health and Human Services. August 27, 2003. Retrieved 12 June 2024.
  12. ^ "Defenders of Wildlife v. Salazar". Mountain States Legal Foundation. Retrieved 12 June 2024.
  13. ^ Ridler, Keith (April 10, 2011). "Judge blocks deal on protections for wolves". Phys.org. Associated Press. Retrieved 12 June 2024.
  14. ^ "Case 9:23-cv-00061-DWM" (PDF). US District Court District of Montana. Retrieved 12 June 2024.
  15. ^ Kern, Rebecca (2023-11-30). "Judge blocks Montana TikTok ban law". POLITICO. Retrieved 2023-12-19.
  16. ^ "Virginia, other US states back Montana in TikTok ban-court filing". Retrieved December 18, 2023.

Sources

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Legal offices
Preceded by Judge of the United States District Court for the District of Montana
1996–2011 		Succeeded by
Preceded by Chief Judge of the United States District Court for the District of Montana
2001–2008 		Succeeded by
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