1. Home
  2. Browse Decisions
  3. F.2d
  4. 613 F.2d
  5. 613 F.2d 1054 (1979)
 

NATIONAL WILDLIFE FEDERATION v. ALEXANDER

No. 78-1956.

613 F.2d 1054 (1979)

NATIONAL WILDLIFE FEDERATION v. Clifford ALEXANDER, Jr., in his official capacity as Secretary, Department of the Army, et al. NORTH DAKOTA STATE WATER COMMISSION, APPELLANT.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1979.

As Amended December 17, 1979 and February 19, 1980.

Attorney(s) appearing for the Case

Murray G. Sagsveen, Asst. Atty. Gen. for the State of North Dakota, Bismarck, N.D., with whom Frederick L. Miller, Jr., Sp. Asst. Atty. Gen., Washington, D.C., was on the brief, for appellant.

Kenneth S. Kamlet, Washington, D.C., for appellee National Wildlife Federation.

Maryann Walsh, Atty., U.S. Dept. of Justice, Washington, D.C., with whom James W. Moorman, Asst. Atty. Gen., and Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees Clifford Alexander, Jr., Secretary of the Army, et al.

Philip G. Sunderland, Washington, D.C., was on the brief for amicus curiae North Dakota Chapter of the Wildlife Society, urging affirmance.

Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellees Alexander, et al.

Before WRIGHT, Chief Judge, TAMM, Circuit Judge, and JOYCE HENS GREEN, United States District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This action involves the planned construction of a drainage channel that would empty into Devils Lake, a natural lake wholly within North Dakota. On cross-motions for summary judgment, the trial judge found that Devils Lake is a navigable water of the United States within the meaning of section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403 (1976).1

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