Legal Opinion
ETSI Pipeline Project v. Missouri
Supreme Court of the United States
Decided February 23, 1988No. 86-939PublishedCited by 68 opinions
1Opinion of the CourtJustice White
We must decide whether in the circumstances of this case the Secretary of the Interior has exceeded the authority Congress delegated to him by the Flood Control Act of 1944.
I
The dispute centers on Lake Oahe, an enormous reservoir located on the Missouri River in South Dakota, with a capacity of more than 23 million acre-feet of water. In 1982, ETSI Pipeline Project entered into a contract with the Secretary of the Interior to withdraw up to 20,000 acre-feet of water from Lake Oahe per year for 40 years. South Dakota already had granted ETSI a state permit to use this water in a coal slurry…
2Cases cited4 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Missouri v. AndrewsCourt of Appeals for the Eighth Circuit · 1986
- Environmental Defense Fund, Inc. v. MortonDistrict Court, D. Montana · 1976
- State of Mo. v. AndrewsDistrict Court, D. Nebraska · 1984
3Cited by68 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Ragsdale v. Wolverine World Wide, Inc.Supreme Court of the United States · 2002
- Department of Homeland Security v. Regents of Univ. of Cal.Supreme Court of the United States · 2020
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
- E.P.A. v. EME Homer City Generation, L.P.Supreme Court of the United States · 2014
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