STATE OF MO. v. ANDREWS

Nos. 84-1674, 84-1675, 84-1719 to 84-1721 and 85-1593NE.

787 F.2d 270 (1986)

The STATE OF MISSOURI, The State of Iowa and The State of Nebraska, Appellees, v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Garrey E. Caruthers, Assistant Secretary of the Interior for Land and Water Resources; and James G. Watt, Secretary of the Interior, The Department of the Interior, Appellants. KANSAS CITY SOUTHERN RAILWAY COMPANY, The Sierra Club, The Nebraska Chapter of the Farmers Education and Cooperative Union of America; The Rocky Mountain Chapter of the Farmers Educational and Cooperative Union of America; and The Iowa Chapter of the Farmers Educational and Cooperative Union of America, Appellees, v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers, Omaha, Nebraska; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Maxwell T.L. Lifurance, Wyoming State Director, Bureau of Land Management; Robert F. Buford, Director, Bureau of Land Management; Garrey E. Caruthers, Assistant Secretary of the Department of the Interior for Land and Water Resources; James G. Watt, Secretary of the United States Department of the Interior; Craig W. Rupp, Regional Forester, Region II, (Rocky Mountain Region), United States Forest Service; R. Max Peterson, Chief United States Forest Service; John R. Block, Secretary of the United States Department of Agriculture; Anne M. Gorsuch, Administrator, Environmental Protection Agency, Appellants. The STATE OF MISSOURI, The State of Iowa and The State of Nebraska, Appellees, v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Garrey E. Caruthers, Assistant Secretary of the Interior for Land and Water Resources; and James G. Watt, Secretary of the United States Department of the Interior; Energy Transportation Systems, Inc., Appellants. KANSAS CITY SOUTHERN RAILWAY COMPANY, The Sierra Club, the Nebraska Chapter of the Education and Cooperative Union of America, The Rocky Mountain Chapter of the Farmers Educational and Cooperative Union of America, and The Iowa Chapter of the Farmers Educational and Cooperative Union of America, Appellees. v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District; United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers, Omaha, Nebraska; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Maxwell T.L. Lifurance, Wyoming State Director, Bureau of Land Management; Robert F. Buford, Director, Bureau of Land Management; Garrey E. Caruthers, Assistant Secretary of the Department of the Interior for Land and Water Resources; James O. Watt, Secretary of the United States Department of the Interior; Craig W. Rupp, Regional Forester, Region II, (Rocky Mountain Region), United States Forest Service, R. Max Peterson, Chief, United States Forest Service; John R. Block, Secretary of the United States Department of Agriculture; Anne M. Gorsuch, Administrator, Environmental Protection Agency; Energy Transportation Systems, Inc., Appellants. The STATE OF MISSOURI and The State of Iowa, The State of Nebraska, Appellant, v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers, John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Garrey E. Caruthers, Assistant Secretary of the Interior for Land and Water Resources; and James G. Watt, Secretary of the United States Department of the Interior, Appellees, Energy Transportation Systems, Inc., Appellee. The STATE OF MISSOURI and The State of Nebraska, The State of Iowa, v. Colonel William R. ANDREWS, Jr., District Engineer; Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Regional, Bureau of Reclamation; Robert N. Broadbent, Commissioner Bureau of Reclamation; Garrey E. Caruthers, Assistant Secretary of the Interior for Land and Water Resources; and James G. Watt, Secretary of the United States Department of the Interior, Appellees, Energy Transportation Systems, Inc., Appellee. The STATE OF MISSOURI, Appellant, The State of Nebraska and The State of Iowa, v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Regional, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Garrey E. Caruthers, Assistant Secretary of the Interior for Land and Water Resources; and James G. Watt, Secretary of the United States Department of the Interior, Appellees, Energy Transportation Systems, Inc., Appellee. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, The Sierra Club; The Nebraska Chapter of the Farmers Educational and Cooperative Union of America; The Rocky Mountain Chapter of the Farmers Educational and Cooperative Union of America; The Iowa Chapter of the Farmers Educational and Cooperative Union of America; v. Colonel William R. ANDREWS, Jr., District Engineer, Omaha District, United States Army Corps of Engineers; Brigadier General Mark J. Sisinyak, Division Engineer, Missouri River Division, United States Army Corps of Engineers, Omaha Nebraska; Lieutenant General J.K. Bratton, Chief of Engineers, United States Army Corps of Engineers; John O. Marsh, Jr., Secretary of the Army; Joseph B. Marcotte, Jr., Regional Director, Upper Missouri Region, Bureau of Reclamation; Robert N. Broadbent, Commissioner, Bureau of Reclamation; Maxwell T.L. Lifurance, Wyoming State Director, Bureau of Land Management; Robert F. Buford, Director, Bureau of Land Management; Garrey E. Carruthers, Assistant Secretary of the Department of the Interior for Land and Water Resources; James G. Watt, Secretary of the United States Department of the Interior; Craig W. Rupp, Regional Forester, Region II (Rocky Mountain Region), United States Forest Service; R. Max Peterson, Chief, United States Forest Service; John R. Block, Secretary of the United States Department of Agriculture; Anne M. Gorsuch, Administrator, Environmental Protection Agency; Energy Transportation Systems, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1986.

As Modified March 13, 1986.


Attorney(s) appearing for the Case

Fred Disheroon, James A. Hourihan, Washington, D.C., for appellants.

Elizabeth M. Osenbaugh, Des Moines, Iowa, and Stephen E. Roady, Washington, D.C., for appellees.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and BRIGHT, Senior Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

On July 2, 1982 the Department of the Interior and Energy Transportation Systems, Incorporated, (ETSI) executed an Industrial Water Service Contract authorizing ETSI to withdraw 20,000 acre-feet of water per year, for forty years, from the Oahe reservoir in South Dakota. The States of Missouri, Iowa, and Nebraska filed an action in federal district court to enjoin performance of the contract. They also sought a declaration that officers...

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