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IN RE OPERATION OF MISSOURI RIVER SYSTEM LITIGATION

No. 03-MD-1555 (PAM).

305 F.Supp.2d 1096 (2004)

In re: OPERATION OF THE MISSOURI RIVER SYSTEM LITIGATION

United States District Court, D. Minnesota.

February 26, 2004.

Attorney(s) appearing for the Case

Daniel H. Israel, Boulder, CO, Lisbeth Jane Nudell, Nudell Law Office, Joan Humes, US Attorney, Mpls, MN, Charles M. Carvell, Atty General's Office, Bismarck, ND, David D. Cookson, Nebraska Atty General's Office, Donald G. Blankenau, Thomas R. Wilmoth, Fennemore Craig PC, Lincoln, NE, Jimmy A. Rodriguez, US Dept. of Justice, Washington, DC, for Intervenor Plaintiffs.

Anne E. Mahle, Brian Boru O'Neill, Peter C. Hennigan, Richard A. Duncan, Faegre & Benson, Mpls, MN, Cassandra Sturkie, David A. Becker, David J. Hayes, Janice M. Schneider, Julia A. Hatcher, Latham & Watkins, Sam Kalen, Van Ness Feldman PC, Timothy D. Searchinger, Environmental Defense, Washington, DC, for Intervenor.

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

This matter is before the Court on a Motion for Amendment of the October 1, 2003, Scheduling Order filed by Defendants U.S. Army Corps of Engineers ("Corps") and the Fish and Wildlife Service ("FWS").

In 1944, Congress enacted the Flood Control Act ("FCA"), which provided for the management of the Missouri River and its reservoirs. Pub.L. No. 78-534, 58 Stat. 887 (1944). The Act delegated the responsibility...

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