MICHIGAN v. U.S. ARMY CORPS OF ENGINEERS

No. 10-3891.

667 F.3d 765 (2011)

State of MICHIGAN, et al., Plaintiffs-Appellants, and Grand Traverse Band of Ottawa and Chippewa Indians, Intervenor-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees, and City of Chicago, et al., Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2011.

Opinion Published September 13, 2011.


Attorney(s) appearing for the Case

Robert P. Reichel (argued) , Attorney, Office of the Attorney General of the State of Michigan, Environment, Natural Resources and Agriculture Division, Lansing, MI, J.B. Van Hollen , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, Lori Swanson , Office of the Attorney General, St. Paul, MN, Richard Cordray , Attorney, Office of the Attorney General, Columbus, OH, Thomas W. Corbett, Jr. , Attorney, Office of the Attorney General, Harrisburg, PA, for Plaintiffs-Appellants.

Michael T. Gray , Attorney, Department of Justice, Environment & Natural Resources Division, William M. Jay , Attorney, Department of Justice, Office of the Solicitor General, Washington, DC, Brendon O'Connor (argued) , Ronald M. Hill , Attorney, Metropolitan Water Reclamation District of Greater Chicago, Chicago, IL, for Defendants-Appellees.

William C. Rastetter , Attorney, Olson, Bzdok & Howard, P.C., Traverse City, MI, for Plaintiff-Intervenor.

David L. Rieser (argued) , Attorney, McGuirewoods LLP, Chicago, IL, Mara S. Georges , Myriam Z. Kasper , Attorneys, Office of the Corporation Counsel, Appeals Division, Stuart P. Krauskopf , Attorney, Law Offices of Stuart P. Krauskopf, Chicago, IL, for Intervenors-Appellees.

Before MANION, WOOD, and WILLIAMS, Circuit Judges.


WOOD, Circuit Judge.

Ambitious engineering projects that began at the time that the City of Chicago was founded have established a waterway in northeastern Illinois that connects Lake Michigan to the Mississippi watershed. (Additional links between the Mississippi and the Great Lakes exist elsewhere, from northern Minnesota to New York.) The system of canals, channels, locks, and dams, with which we are concerned, known today...

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