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STATE OF NEB. v. RURAL ELECTRIFICATION ADMIN.

No. 93-2084.

23 F.3d 1336 (1994)

STATE OF NEBRASKA, Plaintiff-Appellant, The National Wildlife Federation; Nebraska Wildlife Federation; National Audubon Society, Plaintiffs-Appellees, Powder River Basin Resource Council; Laramie River Conservation Council, Intervenors, v. RURAL ELECTRIFICATION ADMINISTRATION; David A. Hamil, Administrator of the Rural Electrification Administration; Frank Bennett, Director, North Central Area-Electric, for the Rural Electrification Administration, Defendants-Appellees, Basin Electric Power Cooperative; Tri-State Generation & Transmission Assn., Inc.; Chimney Rock Public Power District; The Midwest Electric Membership Corp.; Panhandle Rural Electric Membership Assn.; Wheat Belt Public Power District; NW Rural Public Power District; City of Lincoln, Intervenors, Platte River Whooping Crane Maintenance Trust, Intervenor-Appellee. STATE OF NEBRASKA, Plaintiff-Appellant, The National Wildlife Federation; Nebraska Wildlife Federation; National Audubon Society, Plaintiffs-Appellees, v. James W. RAY, in his official capacity as District Engineer, Omaha District; U.S. Army Corps of Engineers; Basin Electric Power Cooperative, Inc., Defendants-Appellees, Platte River Whooping Crane Maintenance Trust, Intervenor-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was L. Steven Grasz, Deputy Atty. Gen., of Lincoln, NE.

Counsel who presented argument on behalf of the appellee were Mark L. Laughlin of Omaha, NE, for Platte River Whooping Crane Maintenance Trust, and Christopher H. Meyer of Boise, ID, for the Nat. Wildlife Federation.

Before WOLLMAN, Circuit Judge. HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

HEANEY, Senior Circuit Judge.

The State of Nebraska petitioned the district court to limit the participation of the Platte River Whooping Crane Maintenance Trust in various environmental litigation. The district court denied the petition, finding that the Trustees were acting within the scope of their authority under the trust instrument. We affirm.

The Platte River Whooping Crane Maintenance Trust was established pursuant to a 1978 settlement agreement following...

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