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MISSOURI EX REL. BAILEY v. U.S. DEP'T OF INTERIOR

No. 21-3408.

73 F.4th 570 (2023)

State of MISSOURI, EX REL. Attorney General Andrew BAILEY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION; United States Army Corps of Engineers; Debra Haaland, Secretary of the Interior, in her official capacity; M. Camille Calimlim Touton, Bureau of Reclamation Commissioner, in her official capacity; Christine Wormuth, Secretary of the Army, in her official capacity; Brigadier General Geoff Van Epps, Northwest Division Commander, in his official capacity; Joseph E. Hall, Bureau of Reclamation Dakotas Area Manager, in his official capacity; Brent C. Esplin, Bureau of Reclamation Missouri Basin Regional Director, in his official capacity; North Dakota Garrison Diversion Conservancy District; State of North Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2023.

Attorney(s) appearing for the Case

Jeff P. Johnson , Asst. Atty. Gen., Jefferson City, MO, argued ( Eric S. Schmidt , Atty. Gen., Amber L. Krisp , Mo. Dept. of Natural Resources, Jefferson City, MO, on the brief), for plaintiff-appellant.

John E. Bies , U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., argued ( Todd Kim , Asst. Atty. Gen., Michael T. Gray , U.S. Dept. of Justice, Environment and Natural Resources Div., Bryan Wilson , U.S. Dept. of the Interior, Daniel Inkelas , U.S. Army Corps of Engineers, Jacksonville, FL, on the brief), for federal defendants-appellees.

Bennett L. Johnson , Vogel Law Firm, Bismarck, ND, argued ( Tami L. Norgard , Vogel Law Firm, Bismarck, ND, Drew H. Wrigley , Atty. Gen., Jennifer L. Verleger , Asst. Atty. Gen., State of North Dakota, Bismarck, ND, on the brief), for defendant-appellee Garrison Diversion Conservancy Dist. and intervenor defendant-appellant State of North Dakota.

Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges.

In September 2018, the United States Department of the Interior, Bureau of Reclamation ("the Bureau") decided to move forward with a water project in North Dakota. The State of Missouri challenged the decision under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, the National Environmental Policy Act...

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