American Rivers v. United States Army Corps of Engineers

MEMORANDUM OPINION

KESSLER, District Judge.

On July 12, 2003, this Court granted Plaintiffs’ Motion for Preliminary Injunction, which sought, in part, to enjoin the United States Army Corps of Engineers (“Corps”) and the Secretary of the Army (collectively, “Federal Defendants”) from operating the extensive dam and reservoir system on the Missouri River in a manner that would adversely impact three species protected by the Endangered Species Act (‘ESA’), 16 U.S.C. §§ 1531, et seq. The Court’s July 12 Order enjoined the Federal Defendants “from implementing the summer water flow provisions of…