Legal Opinion
Missouri Ex Rel. Nixon v. Craig
Court of Appeals for the Eighth Circuit
Decided December 16, 1998No. 98-1332PublishedCited by 30 opinions
1Opinion of the Court
HANSEN, Circuit Judge.
Missouri filed this suit pursuant to the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706 (1994). Missouri alleges that the United States Army Corps of Engineers’ (the Corps) Annual Operating Plans (AOPs) for 1995-96 and 1996-97 violate the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370d (1994). Missouri contends that the AOPs “drastically changed” the way the Corps manages the Missouri River without first taking certain regulatory actions such as, for example, preparing an environmental impact statement. Because the navigation seasons…
2Cases cited14 opinions
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- Spencer v. KemnaSupreme Court of the United States · 1998
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
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3Cited by30 opinions
- STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, MO-ARK ASSOCIATION, FORMERLY KNOWN AS MISSOURI-ARKANSAS RIVER BASINS ASSOCIATION, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, ERGON ASPHALT AND EMULSIONS, INC. MAGNOLIA MARINE TRANSPORT COMPANY BLASKE MARINE, INC. KOCH MATERIALS COMPANY MID-WEST TERMINAL WAREHOUSE COMPANY, INC. TOSCO, a SUBSIDIARY OF PHILLIPS 66 COMPANY JEBRO, INCORPORATED, AND MEMCO BARGE LINE, INC., MOVANTS — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, STATE OF NEBRASKA, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF NEBRASKA, ALSO KNOWN AS DON STENBERG, ATTORNEY GENERAL OF THE STATE OF NEBRASKA, EX REL., — v. STATE OF MISSOURI, INTERVENER BELOW — INTERVENER ON APPEAL, KURT F. UBBELOHDE, LT. COLONEL, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF IOWA, AMICUS ON BEHALF OF STATE OF NORTH DAKOTA, AND JOHN HOEVEN, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF MISSOURI, INTERVENER ON APPEALCourt of Appeals for the Eighth Circuit · 2003
- Americans United for Separation of Church & State v. Prison Fellowship Ministries, Inc.Court of Appeals for the Eighth Circuit · 2007
- Bem I, L.L.C. v. Anthropologie, Inc.Court of Appeals for the Seventh Circuit · 2002
- In Re: Search Warrants Issued in Connection With Investigation of South Central Career Center, West Plains, Missouri. Meredith Corporation, Doing Business as Kctv-5, Movant Below-Appellant v. United States of America, Objector-AppelleeCourt of Appeals for the Eighth Circuit · 2007
- Minnesota Humane Society v. ClarkCourt of Appeals for the Eighth Circuit · 1999
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