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ETSI PIPELINE PROJECT v. MISSOURI

No. 86-939.

484 U.S. 495 (1988)

ETSI PIPELINE PROJECT v. MISSOURI ET AL.

Supreme Court of United States.

Decided February 23, 1988

Attorney(s) appearing for the Case

Jeffrey P. Minear argued the cause for petitioners in both cases. With him on the brief for petitioners in No. 86-941 were Solicitor General Fried, Acting Assistant Attorney General Flint, Deputy Solicitor General Wallace, Fred R. Disheroon, and Ralph W. Tarr. James A. Hourihan, Walter A. Smith, Jr., and Mary Anne Sullivan filed briefs for petitioner in No. 86-939.

Elizabeth M. Osenbaugh, Deputy Attorney General of Iowa, argued the cause for respondents in both cases. With her on the brief for respondents State of Missouri et al. were Thomas J. Miller, Attorney General of Iowa, Eliza Ovrom, Assistant Attorney General, William L. Webster, Attorney General of Missouri, Curtis F. Thompson, Assistant Attorney General, Robert M. Spire, Attorney General of Nebraska, and Le Roy W. Sievers, Assistant Attorney General. Stephen E. Roady, Ronald J. Wilson, and William E. Walters III filed a brief for respondents Kansas City Southern Railway Co. et al.†

JUSTICE WHITE delivered the opinion of the Court.

We must decide whether in the circumstances of this case the Secretary of the Interior has exceeded the authority Congress delegated to him by the Flood Control Act of 1944.

I

The dispute centers on Lake Oahe, an enormous reservoir located on the Missouri River in South Dakota, with a capacity of more than 23 million acre-feet of water. In 1982, ETSI Pipeline...

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