NORTH DAKOTA v. U.S. ARMY CORPS OF ENGINEERS

No. Al-03-050.

270 F.Supp.2d 1115 (2003)

State of NORTH DAKOTA, et al., Plaintiffs, and State of South Dakota, and State of Nebraska, et al., Plaintiffs/Intervenors, v. The UNITED STATES ARMY CORPS OF ENGINEERS, et. al., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

July 14, 2003.


Attorney(s) appearing for the Case

Dean J. Haas, Lyle Gregory Witham, Attorney General's Office, Civil Litigation, Bismarck, ND, for plaintiffs.

Daniel W. Pinkston, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Cameron W. Hayden, U.S. Attorney's Office, Bismarck, ND, Fred R. Disheroon, U.S. Department of Justice, Environment and Natural Resources, Washington, DC, for defendants.

Daniel H. Israel, Boulder, CO, for amicus.

Clark Jay Bormann, Bormann Law Office, Bismarck, ND, David D. Cookson, Nebraska Atty Gen's Office, Lincoln, NE, John P. Guhin, Attorney General's Office, Pierre, SD, for intervenor.


MEMORANDUM AND ORDER DENING NORTH DAKOTA'S MOTION FOR A PRELIMINARY INJUNTION

HOVLAND, Chief Judge.

I. PROCEDURAL HISTORY

This case arises out of the management and operation of the Missouri River and its attendant reservoirs. The matter before the Court is the State of North Dakota's Motion for a Preliminary Injunction. North Dakota seeks a preliminary injunction order stating:

that the Corps maintain a minimum cold...

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