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MISSOURI EX REL. NIXON v. CRAIG

No. 98-1332.

163 F.3d 482 (1998)

State of MISSOURI, ex rel., Jeremiah W. "Jay" NIXON; Mel Carnahan, Governor of the State of Missouri, Appellants, Mo-Ark Association, Plaintiff, v. Richard W. CRAIG; H. Martin Lancaster; Togo P. West; Robert Griffin, Brigadier General; and Mike Meleuners, Colonel, Appellees. Montana; North Dakota; South Dakota, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided December 16, 1998.

Attorney(s) appearing for the Case

William J. Bryan, Asst. Atty. Gen., Jefferson City, MO, argued, for Appellants.

Robert H. Oakley, Department of Justice, Washington, D.C., argued (Robert L. Klarquist, Fred R. Disheroon and Joan M. Pepin, Department of Justice, Washington, D.C., Robert H. Mahoney and Miriam R. Lindmeyer, Counsel, Corps of Engineers, Omaha, NE, on the brief), for Appellees.

Before HANSEN, BRIGHT, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

HANSEN, Circuit Judge.

Missouri filed this suit pursuant to the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706 (1994). Missouri alleges that the United States Army Corps of Engineers' (the Corps) Annual Operating Plans (AOPs) for 1995-96 and 1996-97 violate the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370d (1994). Missouri contends that the AOPs "drastically changed" the way the Corps manages the Missouri River...

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