United States v. 1,216.83 Acres of Land

The United States Court of Appeals for the Ninth Circuit, pursuant to RCW 2.60, certified two questions to this court for decision. This certification arose out of that court's reversal of a decision of the United States District Court for the Eastern District of Washington. The district court held that the United States failed to comply with the requirements of 16 U.S.C. § 715k-5 which requires that the federal government receive the approval of "the Governor of the State or appropriate State agency" prior to acquiring, by eminent domain, land under the provisions of the Migratory Bird…