GOVERNMENT OF MANITOBA v. BERNHARDT

No. 17-5242.

923 F.3d 173 (2019)

GOVERNMENT OF the Province of MANITOBA, Appellee State of Missouri, Ex Rel. Eric Schmitt, Missouri Attorney General's Office, Appellant v. David BERNHARDT, Secretary, U.S. Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 2019.


Attorney(s) appearing for the Case

Joshua M. Divine , Deputy Solicitor, Office of the Attorney General for the State of Missouri, argued the cause for the appellant. Joshua D. Hawley , Attorney General, D. John Sauer , First Assistant and Solicitor and Julie Marie Blake , Deputy Solicitor, were with him on brief. Laura E. Elsbury, Trial Counsel, and Eldon V. Greenberg entered appearances.

Anna T. Katselas , Attorney, United States Department of Justice, argued the cause for the federal appellees. Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, and Robert J. Lundman , Attorney, were with her on brief. Andrew C. Mergen , Attorney, entered an appearance.

Nessa Horewitch Coppinger and Ryan J. Carra , Special Assistant Attorneys General, Office of the Attorney General for the State of North Dakota, and Jennifer L. Verleger , Assistant Attorney General, were on brief for the appellee State of North Dakota. Scott M. DuBoff and Benjamin L. Lambiotte entered appearances.

Before: Henderson, Rogers and Srinivasan, Circuit Judges.


The Northwest Area Water Supply Project (Project) will someday send clean water from the Missouri River Basin to parched communities in northern North Dakota. That day has not yet come. For now, the Project's construction remains bogged down in long-running environmental litigation. This case, the most recent...

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