SOUTH DAKOTA v. UBBELOHDE

Nos. 02-2133SD, 02-2144SD, 02-2185SD, 02-2187SD, 02-2191NE and 02-2305ND.

330 F.3d 1014 (2003)

State of SOUTH DAKOTA, and William J. Janklow, Governor, Plaintiffs-Appellees, v. Lt. Colonel Kurt F. UBBELOHDE, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants, MO-ARK Association, formerly known as Missouri-Arkansas River Basins Association, Movant — Appellant. State of South Dakota, and William J. Janklow, Governor, Plaintiffs — Appellees, v. Lt. Colonel Kurt F. Ubbelohde, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants, Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Blaske Marine, Inc.; Koch Materials Company; Mid-West Terminal Warehouse Company, Inc.; Tosco, a subsidiary of Phillips 66 Company; Jebro, Incorporated, and Memco Barge Line, Inc., Movants — Appellants. State of South Dakota, and William J. Janklow, Governor, Plaintiffs — Appellees, v. Lt. Colonel Kurt F. Ubbelohde, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants, State of Nebraska, Movant — Appellant. State of South Dakota, and William J. Janklow, Governor, Plaintiffs — Appellees, v. Lt. Colonel Kurt F. Ubbelohde, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants — Appellants. State of Nebraska, also known as Don Stenberg, Attorney General of the State of Nebraska, ex rel., Plaintiff — Appellee, v. State of Missouri, Intervener Below — Intervener on Appeal, Kurt F. Ubbelohde, Lt. Colonel, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants — Appellants, State of Iowa, Amicus on Behalf of Appellee. State of North Dakota, and John Hoeven, Governor, Plaintiffs — Appellees, v. Lt. Colonel Kurt F. Ubbelohde, District Engineer, Omaha District, United States Army Corps of Engineers, and General David A. Fastabend, Commander, NW Division, Portland, Oregon, Defendants — Appellants. State of Missouri, Intervener on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2003.


Attorney(s) appearing for the Case

Robert J. Vincze, argued, Denver, CO, for appellant in No. 02-2133.

John P. Guhin, argued, Pierre, SD, for appellee in Nos. 02-2133, 02-2144, 02-2185 and 02-2187.

Mark F. Marshall, argued, Sioux Falls, SD, for appellant in No. 02-2144.

Jon C. Bruning, argued, Lincoln, NE, for appellant in No. 02-2185.

Robert H. Oakley, argued, Washington, DC, for appellant in Nos. 02-2187, 02-2191 and 02-2305.

William J. Bryan, argued, Jefferson City, MO, for intervenor in No. 02-2191.

Charles M. Carvell, argued, Bismarck, ND, for appellee in No. 02-2305.

Before WOLLMAN, RICHARD S. ARNOLD, and MELLOY, Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

This case arises out of the management of the Missouri River, which runs through seven states in its journey from Montana to Missouri. The United States Army Corps of Engineers is charged with the responsibility of managing this river and its attendant reservoirs. In carrying out this charge, the Corps must strike a balance among many interests, including flood control, navigation, and recreation. In good times, the Corps can accommodate...

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