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SAVE SHEYENNE RIVER v. DEPT. OF HEALTH

No. 20070118.

744 N.W.2d 748 (2008)

2008 ND 34

PEOPLE TO SAVE the SHEYENNE RIVER, INC., the Peterson Coulee Outlet Association, the National Wildlife Federation and the Government of the Province of Manitoba, Appellants v. NORTH DAKOTA DEPARTMENT OF HEALTH, and North Dakota State Water Commission, Appellees.

Supreme Court of North Dakota.

February 21, 2008.

Attorney(s) appearing for the Case

William J. Delmore (argued) and Daniel Nagle (on brief), Kelsch, Kelsch, Ruff & Kranda, Mandan, N.D., and Daniel E. Buchanan (on brief), Jamestown, N.D., for appellant People to Save the Sheyenne River, Inc.

Joseph J. Cichy, P.C. (on brief); Bismarck, N.D., for appellant Peterson Coulee Outlet Association.

James Murphy (on brief), Montpelier, VT, for appellant National Wildlife Federation.

Richard A. Wegman (appeared) and Eldon V.C. Greenberg (appeared), Garvey Schubert Barer, Washington, D.C., for appellant the Government of the Province of Manitoba.

Dean J. Haas (argued), Assistant Attorney General and Lyle G. Witham (appeared), Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for appellee North Dakota Department of Health.

Matthew Arnold Sagsveen (argued), Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for appellee North Dakota State Water Commission.

CROTHERS, Justice.

[¶ 1] Opponents to the modification of a permit for the Devils Lake outlet (collectively "Manitoba") appeal from a district court judgment affirming a decision by the North Dakota Department of Health to modify the permit. Manitoba claims the Health Department failed to conduct a required antidegradation review before modifying the permit and there was not "cause" to support the modification. We conclude the Health Department did not act arbitrarily...

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