In re: OPERATION OF THE MISSOURI RIVER SYSTEM LITIGATION
State of North Dakota, through the North Dakota Department of Health, an Agency of the State of North Dakota; John Hoeven, Governor; Wayne Stenehjem, North Dakota Attorney General, Ex. Rel. State of North Dakota; North Dakota Department of Health, Appellants,
v.
United States Department of the Army, the Corps of Engineers, a Federal Agency; David Fastabend, General Commander, Nw Division, Portland, Oregon, United States Army Corps of Engineers; Kurt F. Ubbelohde, Lt. Colonel, District Engineer, Omaha District, Appellees,
State of Nebraska, Appellee,
State of Missouri, Intervenor on Appeal.
State of South Dakota, Amicus on Behalf of Appellant,
The Mandan, Hidatsa and Arikara Nation, Amicus on Behalf of Appellant.
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
Lyle G. Witham, argued, Assistant Attorney General, Bismarck, ND, for appellants.
Robert H. Oakley, argued, U.S. Dept., of Justice, Environment & Natural Resources Division, Washington, DC, (Fred R. Disheroon and Danile W. Pinkston of the Environment & Natural Resources Division, on brief), for appellees Ubbelohde, Fastabend and U.S. Dept. of the Army, et al.
Before WOLLMAN, BEAM, and GRUENDER, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
GRUENDER, Circuit Judge.
North Dakota appeals the district court's1 dismissal of its suit to enjoin the United States Army Corps of Engineers ("the Corps") from releasing water from Lake Sakakawea to support downstream navigation on the Missouri River. North Dakota's complaint alleges that the releases violate water quality standards for Lake Sakakawea established pursuant to the Clean Water Act. For the reasons discussed below, we affirm...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
