Libby Rod and Gun Club v. John Poteat

The principal holding of the court is that construction of the Libby reregulating dam does not have authorization or consent from Congress. As I can agree with neither the reasoning used to reach that conclusion nor the majority’s analysis of the precedents bearing on the case, I respectfully dissent.

At the outset, it should be understood that the language of 33 U.S.C. § 401 assists us in resolving certain preliminary matters, but it does not answer the ultimate question we face. It is relevant, though not especially helpful, in determining whether or not the plaintiffs have a private right…