In re: OPERATION OF THE MISSOURI RIVER SYSTEM LITIGATION.
American Rivers, Inc.; Environmental Defense; National Wildlife Federation; Iowa Wildlife Federation; Kansas Wildlife Federation; Montana Wildlife Federation; Nebraska Wildlife Federation; North Dakota Wildlife Federation; South Dakota Wildlife Federation; Izaak Walton League of America, Inc., Appellants,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale Norton, Secretary of the United States Department of Interior, Appellees.
State of Nebraska; Nebraska Public Power District; State of Missouri; State of North Dakota; State of South Dakota; Blaske Marine, Inc.; the Mandan, Hidatsa and Arikara Nation; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Mo-ark Association; Missouri River Keepers; Missouri River Energy Services Appellees.
State of Nebraska, Appellant,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale A. Norton, Secretary of the United States Department of Interior, Appellees.
American Rivers, Inc.; State of Missouri; State of North Dakota; State of South Dakota; Blaske Marine, Inc.; the Mandan, Hidatsa and Arikara Nation; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Mo-ark Association; Missouri River Keepers; Missouri River Energy Services, Appellees.
Nebraska Public Power District, Appellant,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale Norton, Secretary of the United States Department of Interior, Appellees.
American Rivers, Inc.; State of Missouri; State of North Dakota; State of South Dakota; Blaske Marine, Inc.; the Mandan, Hidatsa and Arikara Nation; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Mo-ark Association; Missouri River Keepers; Missouri River Energy Services, Appellees.
State of Missouri, Appellant,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale Norton, Secretary of the United States Department of Interior, Appellees.
American Rivers, Inc.; State of Nebraska; Nebraska Public Power District; State of North Dakota; State of South Dakota; Blaske Marine, Inc.; the Mandan, Hidatsa and Arikara Nation; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Mo-ark Association; Missouri River Keepers; Missouri River Energy Services, Appellees.
The Mandan, Hidatsa and Arikara Nation, Appellant,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale Norton, Secretary of the United States Department of Interior, Appellees.
American Rivers, Inc.; Environmental Defense; National Wildlife Federation; Iowa Wildlife Federation; Kansas Wildlife Federation; Montana Wildlife Federation; Nebraska Wildlife Federation; North Dakota Wildlife Federation; South Dakota Wildlife Federation; Izaak Walton League of America, Inc.; State of Nebraska; Nebraska Public Power District; State of Missouri; State of North Dakota; State of South Dakota; Blaske Marine, Inc.; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Moark Association; Missouri River Keepers; Missouri River Energy Services, Appellees.
Blaske Marine, Inc.; ConocoPhillips Company; Ergon Asphalt and Emulsions, Inc.; Magnolia Marine Transport Company; Midwest Terminal Warehouse Company, Inc.; Mo-ark Association; Missouri River Keepers, Appellant,
v.
United States Army Corps of Engineers; Les Brownlee, Acting Secretary of the United States Army; United States Fish and Wildlife Service; Gale Norton, Secretary of the United States Department of Interior, Appellees.
American Rivers, Inc.; Environmental Defense; National Wildlife Federation; Iowa Wildlife Federation; Kansas Wildlife Federation; Montana Wildlife Federation; Nebraska Wildlife Federation; North Dakota Wildlife Federation; South Dakota Wildlife Federation; Izaak Walton League of America, Inc.; State of Missouri; State of North Dakota; State of South Dakota; the Mandan, Hidatsa and Arikara Nation; Missouri River Energy Services, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: April 11, 2005.
Filed: August 16, 2005.
Attorney(s) appearing for the Case
Peter Hennigan, argued, Minneapolis, MN, for Appellant American Rivers, et al.
Thomas Wilmoth, argued, Lincoln, NE, for Appellants State of Nebraska and NE Public Power District.
William Bryan, argued, Asst. Atty. Gen., Jefferson City, MO, for Appellant State of Missouri.
Robert Vincze, argued, Denver, CO, for Appellant Blaske Marine, et al.
Daniel Israel, argued, Boulder, CO, for Appellant The Mandan, Hidatsa and Arikara Nation.
Robert H. Oakley, argued, U.S. Dept. of Justice, Washington, DC, for Federal defendants.
James A. Maysonett, argued, U.S. Dept. of Justice, Washington, DC, for Wildlife and Marine Resources.
Charles M. Carvell, argued, Attorney General's Office, Bismarck, ND, for Appellee State of North Dakota.
Diane Best, argued, Pierre, SD, for Appellee State of South Dakota.
Robert J. Vincze, argued, Denver, CO, for Appellee Mo-ark.
Before WOLLMAN, BEAM, and GRUENDER, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
GRUENDER, Circuit Judge.
In these consolidated appeals, various parties challenge the operation of the Missouri River main stem reservoir system by the United States Army Corps of Engineers ("the Corps") and associated wildlife assessments produced by the United States Fish and Wildlife Service ("FWS"). The district court1 granted summary judgment to the Corps and FWS and their named individual...
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