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NATIONAL WILDLIFE FEDERATION v. MARSH

No. 80-1391.

665 F.2d 390 (1981)

NATIONAL WILDLIFE FEDERATION v. John O. MARSH, 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 September 30, 1981.

Attorney(s) appearing for the Case

Murray G. Sagsveen, Sol., Office of Atty. Gen. of State of N. D., Bismarck, N. D., and Frederick L. Miller, Jr., Sp. Asst. Atty. Gen., Washington, D.C., were on the brief for appellant.

Kenneth S. Kamlet, Washington, D.C., was on the brief for appellee National Wildlife Federation.

James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist, Mark Sussman, and Jerry Jackson, Attys., U. S. Dept. of Justice, Washington, D.C., were on the brief for appellees Secretary of the Army, et al. Dirk D. Snel, Atty., U. S. Dept. of Justice, Washington, D.C., also entered an appearance for appellees Secretary of the Army, et al.

Before WRIGHT and TAMM, Circuit Judges, 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:

In this appeal the North Dakota State Water Commission (Commission) and the Army Corps of Engineers (Corps) challenge the grant of declaratory relief to plaintiff National Wildlife Federation (Federation). In that grant the district court ordered that the regulations promulgated under section 10 of the Rivers and Harbors Appropriation Act of 1899 be revised. Because we find that the district...

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