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{{Short description|American judge}}
{{Short description|American judge (born 1946)}}
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{{Infobox officeholder
{{BLP sources|date=October 2016}}
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{{Infobox judge
| honorific-prefix =
| honorific-prefix =
| name = Donald W. Molloy
| name = Donald W. Molloy
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| term_end2 = August 16, 2011
| term_end2 = August 16, 2011
| appointer2 = [[List of federal judges appointed by Bill Clinton|Bill Clinton]]
| appointer2 = [[List of federal judges appointed by Bill Clinton|Bill Clinton]]
| predecessor2 = [[Paul Gerhart Hatfield]]
| predecessor2 = [[Paul G. Hatfield]]
| successor2 = [[Dana L. Christensen]]
| successor2 = [[Dana L. Christensen]]
| pronunciation =
| pronunciation =
| birth_name =
| birth_name =
| birth_date = {{Birth date and age|1946|7|18}}
| birth_date = {{Birth date and age|1946|7|18}}
| birth_place = [[Butte, Montana|Butte]], [[Montana]]
| birth_place = [[Butte, Montana]], U.S.
| death_date =
| death_date =
| death_place =
| death_place =
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| relatives =
| relatives =
| residence =
| residence =
| education = [[University of Montana]] ([[Bachelors of Arts|B.A.]])<br>[[University of Montana School of Law]] ([[Juris Doctor|J.D.]])
| education = [[University of Montana]] ([[Bachelors of Arts|BA]], [[Juris Doctor|JD]])
| alma_mater =
| occupation =
| profession =
| known_for =
| salary =
| net_worth =
| cabinet =
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| portfolio =
| religion =
| awards =
| signature =
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| website =
<!--Embedded templates / Footnotes-->
<!--Embedded templates / Footnotes-->
| footnotes =
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}}
}}
'''Donald W. Molloy''' (born July 18, 1946) is a [[Senior Status|Senior]] [[United States federal judge|United States District Judge]] of the [[United States District Court for the District of Montana]].
'''Donald William Molloy'''<ref>{{cite book|url=https://books.google.com/books?id=F1JkcMFre6oC&pg=PA377|page=377|title=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|publisher=U.S. Government Printing Office|year=1997}}</ref> (born July 18, 1946) is a [[Senior status|senior]] [[United States federal judge|United States district judge]] of the [[United States District Court for the District of Montana]].


==Early life and education==
==Early life and education==
Born into an [[Irish-American]] family in [[Butte, Montana|Butte]], [[Montana]], Molloy received a [[Bachelor of Arts]] degree from the [[University of Montana]] in 1968 and a [[Juris Doctor]] from the [[University of Montana School of Law]] in 1976. He was in the [[United States Navy]], Naval Aviation from 1968 to 1973, where he came a lieutenant and served on the aircraft carrier CVA-67 John F. Kennedy. 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. He was in private practice in [[Billings, Montana|Billings]], Montana from 1978 to 1995.
Born into an [[Irish-American]] family in [[Butte, Montana]], Molloy received a [[Bachelor of Arts]] degree from the [[University of Montana]] in 1968.<ref name="mtd">{{cite web |title=Hon. Donald W. Molloy Chambers |url=https://www.mtd.uscourts.gov/hon-donald-w-molloy-chambers |publisher=US District Court District of Montana |access-date=12 June 2024}}</ref> He earned his [[Juris Doctor]] from the [[University of Montana School of Law]] in 1976, where he was a member of the [[Law Review]].<ref name="Tobias">Carl Tobias, "Senate needs to finish voting soon", ''The Missoulian'' (July 24, 1996), p. 4.</ref> 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)]].<ref name="mtd" /> 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.<ref name="Tobias"/> 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.<ref name="Tobias"/>


The [[University College Cork]] conferred an honorary Degree of Doctor of Laws to Molloy in 2013.<ref name="ucc">{{cite web |title=Dr. Donald Molloy, Degree of Doctor of Laws |url=https://www.ucc.ie/en/conferrings/honorary/2010-2019/dr-donald-molloy-degree-of-doctor-of-laws-.html |publisher=University College Cork |access-date=12 June 2024}}</ref>
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==Federal judicial service==


⚫
===Federal judicial service===
Molloy was nominated to the [[United States District Court for the District of Montana]] by President [[Bill Clinton]] on December 21, 1995, to a seat vacated by [[Paul Gerhart Hatfield]]. He 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 assumed [[senior status]] on August 16, 2011.

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.<ref>Mike Dinnison, "Seven local men seeking Hatfield's job", ''Great Falls Tribune'' (September 6, 1995), p. 1.</ref> Senator [[Max Baucus]] recommended Molloy to President [[Bill Clinton]],<ref>"Swearing-in set for U.S. judge", ''The Billings Gazette'' (August 15, 1996), p. C-1.</ref> 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,<ref name="Twin Falls">"Judge Molloy to retire from active service", ''The Twin Falls Times-News'' (December 24, 2010), p. 2.</ref> finally assuming [[senior status]] on August 16, 2011.

=== Notable rulings===
''United States vs. W.R. Grace''
<ref name="wr grace">{{cite web |title=United States v. WR Grace & Co.-Conn., 280 F. Supp. 2d 1135 (D. Mont. 2002) |url=https://law.justia.com/cases/federal/district-courts/FSupp2/280/1135/2501201/ |website=Justia |publisher=US District Court District of Montana |access-date=12 June 2024}}</ref>

At the time, ''United States vs. W.R. Grace'' was the largest and most significant criminal environmental case prosecuted in the United States.<ref name="ucc" /><ref name="ny">{{cite web |last1=Byock |first1=Lila |title=W.R. Grace under fire |url=https://www.newyorker.com/news/news-desk/w-r-grace-under-fire |publisher=The New Yorker |access-date=12 June 2024 |date=February 25, 2009}}</ref> The chemical company, W.R. Grace, produced [[vermiculite]] at its [[Libby, Montana]] mine. For a time, the mine produced 80% of the mineral worldwide.<ref name="ny" /> The mineral contained [[asbestos]] which was spread throughout the town.<ref name="EPA">{{cite web |title=Libby Asbestos Site |url=https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.Cleanup&id=0801744#bkground |publisher=EPA |access-date=12 June 2024}}</ref> 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.<ref name="award">{{cite web |title=In Landmark Ruling, Court Awards EPA $54.5 Million For Costs Incurred in the Investigation and Cleanup of Asbestos Contamination in Montana Town |url=https://wwwn.cdc.gov/TSP/NEWS/NewsDisplay.aspx?newsIndicator=2053 |publisher=US Dept of Health and Human Services |access-date=12 June 2024 |date=August 27, 2003}}</ref>

''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]].<ref name="Twin Falls"/> In 2008 the US Fish and Wildlife Service removed a segment of the [[gray wolf]] population from the list of threatened and endangered species.<ref name="wolves">{{cite web |title=Defenders of Wildlife v. Salazar |url=https://mslegal.org/cases/defenders-of-wildlife-v-salazar/ |publisher=Mountain States Legal Foundation |access-date=12 June 2024}}</ref> 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]].<ref name="phys">{{cite web |last1=Ridler |first1=Keith |title=Judge blocks deal on protections for wolves |url=https://phys.org/news/2011-04-blocks-wolves.html |website=Phys.org |publisher=Associated Press |access-date=12 June 2024 |date=April 10, 2011}}</ref> 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''<ref name="tiktok">{{cite web |title=Case 9:23-cv-00061-DWM |url=https://storage.courtlistener.com/recap/gov.uscourts.mtd.73544/gov.uscourts.mtd.73544.115.0_2.pdf |publisher=US District Court District of Montana |access-date=12 June 2024}}</ref>

In December 2023 Molloy blocked the [[Censorship of TikTok|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.<ref>{{Cite web |last=Kern |first=Rebecca |date=2023-11-30 |title=Judge blocks Montana TikTok ban law |url=https://www.politico.com/news/2023/11/30/judge-blocks-montana-tiktok-ban-law-00129458 |access-date=2023-12-19 |website=POLITICO |language=en}}</ref> 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.<ref>{{Cite news |title=Virginia, other US states back Montana in TikTok ban-court filing |url=https://www.reuters.com/legal/virginia-other-us-states-back-montana-tiktok-ban-court-filing-2023-09-18/ |access-date=December 18, 2023}}</ref>

==References==
{{reflist}}


==Sources==
==Sources==
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{{s-bef|before=[[Paul Gerhart Hatfield]]}}
{{s-bef|before=[[Paul G. Hatfield]]}}
{{s-ttl|title={{nowrap|Judge of the [[United States District Court for the District of Montana]]}}|years=1996–2011}}
{{s-ttl|title={{nowrap|Judge of the [[United States District Court for the District of Montana]]}}|years=1996–2011}}
{{s-aft|after=[[Dana L. Christensen]]}}
{{s-aft|after=[[Dana L. Christensen]]}}
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{{s-aft|after=[[Richard F. Cebull]]}}
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{{United States 9th Circuit senior district judges}}
{{United States 9th Circuit senior district judges}}


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[[Category:1946 births]]
[[Category:1946 births]]
[[Category:Living people]]
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[[Category:20th-century American judges]]
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[[Category:20th-century American lawyers]]
[[Category:21st-century American judges]]
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[[Category:American people of Irish descent]]
[[Category:Judges of the United States District Court for the District of Montana]]
[[Category:Judges of the United States District Court for the District of Montana]]
[[Category:Montana lawyers]]
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[[Category:People from Butte, Montana]]
[[Category:United States district court judges appointed by Bill Clinton]]
[[Category:United States district court judges appointed by Bill Clinton]]
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[[Category:United States Navy officers]]
[[Category:University of Montana alumni]]
[[Category:University of Montana alumni]]
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[[Category:United States Navy personnel]]
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[[Category:American people of Irish descent]]
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[[Category:People from Butte, Montana]]
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[[Category:20th-century American judges]]
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[[Category:21st-century American judges]]

Latest revision as of 22:55, 12 June 2024

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

[edit]

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

[edit]

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

[edit]

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

[edit]
  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

[edit]
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
Retrieved from "https://en.wikipedia.org/w/index.php?title=Donald_W._Molloy&oldid=1228742564"