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GOVERNMENT OF PROVINCE OF MANITOBA v. ZINKE

No. 16-5203.

849 F.3d 1111 (2017)

GOVERNMENT OF the PROVINCE OF MANITOBA and State of Missouri, ex rel. Chris Koster, Missouri Attorney General's Office, Appellees v. Ryan ZINKE, Secretary, U.S. Department of the Interior, et al., Appellees. State of North Dakota, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 2017.

Attorney(s) appearing for the Case

Nessa Horewitch Coppinger argued the cause for appellant. With her on the briefs were Fred R. Wagner , Washington, DC, and Jennifer L. Verleger , Assistant Attorney General, Office of the Attorney General for the State of North Dakota.

Scott M. DuBoff argued the cause for appellees the Government of the Province of Manitoba and the State of Missouri. With him on the brief were Benjamin J. Lambiotte , Chris Koster , Attorney General, Office of the Attorney General for the State of Missouri, James R. Layton , Solicitor General, and Laura E. Elsbury , Assistant Attorney General. Eldon V. Greenberg , Washington, DC, entered an appearance.

Before: Brown and Wilkins, Circuit Judges, and Edwards, Senior Circuit Judge.

On March 1, 2016, North Dakota filed a motion to modify an injunction governing the Northwest Area Water Supply Project ("NAWS" or "the Project"). In a minute order, the district court stated North Dakota did not "present either changes in law or facts sufficient to warrant modifying the injunction" and summarily denied the...

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