National Wildlife Federation v. John O. Marsh, Jr., in His Official Capacity as Secretary, Department of the Army North Dakota State Water Commission

TAMM, Circuit Judge:

In this appeal the North Dakota State Water Commission (Commission) and the Army Corps of Engineers (Corps) challenge the grant of declaratory relief to plaintiff National Wildlife Federation (Federation). In that grant the district court ordered that the regulations promulgated under section 10 of the Rivers and Harbors Appropriation Act of 1899 be revised. Because we find that the district court exceeded its authority in ordering such relief in the absence of a specific factual context, we reverse and remand with a direction that the complaint be dismissed.

The facts of…