STATE OF MINN., BY SPANNAUS v. HOFFMAN

No. 75-1869.

543 F.2d 1198 (1976)

STATE OF MINNESOTA, by its Attorney General, Warren SPANNAUS, and its Pollution Control Agency, Appellee, v. Martin R. HOFFMAN, as Secretary of the Army, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1976.


Attorney(s) appearing for the Case

Larry Boggs, U.S. Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for appellants; Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Michael D. Graves, Attys., U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Robert G. Renner, U.S. Atty., and Stephen G. Palmer, Asst. U.S. Atty., Minneapolis, Minn., on the briefs.

William P. Donohue, Asst. Atty. Gen., Roseville, Minn., for appellee; Warren R. Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., St. Paul, Minn., and Eldon G. Kaul, Asst. Atty. Gen., Roseville, Minn., on the briefs.

Khristine L. Hall and J. G. Speth, Natural Resources Defense Council, Washington, D.C., filed brief for amici curiae, Natural Resources Defense Council.

Evelle J. Younger, Atty. Gen., Carl Boronkay, Asst. Atty. Gen., Los Angeles, Cal., Roderick Walston and Richard C. Jacobs, Deputy Attys. Gen., San Francisco, Cal., filed amicus curiae brief, State of Cal.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

The case before us is one of first impression and involves the dredging operations of the Army Corps of Engineers. The various procedural arguments made below have not been pursued on appeal. The issue, the parties are agreed, is the authority of the State of Minnesota under the Federal Water Pollution Control Act Amendments of 1972 (hereafter "the Amendments"), 86 Stat. 816, 33 U.S.C. § 1251 et seq. (Supp. IV), to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases