Legal Opinion
Missouri v. United States Army Corps of Engineers
Court of Appeals for the Eighth Circuit
Decided February 8, 2008No. 07-1149PublishedCited by 7 opinions
1Opinion of the Court
LOKEN, Chief Judge.
The United States Army Corps of Engineers (“Corps”) manages the Missouri River Mainstem Reservoir System (the “System”) under the Flood Control Act of 1944, Pub.L. No. 78-534, 58 Stat. 887, 891 (1944). The System consists primarily of a series of dams and reservoirs on the upper River. The Corps’ governing operational document is the Missouri River Mainstem Reservoir Master Water Control Manual (the “Master Manual”), which has been revised five times since its initial adoption in 1960. The Corps also publishes specific operational details in an Annual Operating Plan.
In…
2Cases cited8 opinions
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
- Department of Transportation v. Public CitizenSupreme Court of the United States · 2004
- Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
- STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, MO-ARK ASSOCIATION, FORMERLY KNOWN AS MISSOURI-ARKANSAS RIVER BASINS ASSOCIATION, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, ERGON ASPHALT AND EMULSIONS, INC. MAGNOLIA MARINE TRANSPORT COMPANY BLASKE MARINE, INC. KOCH MATERIALS COMPANY MID-WEST TERMINAL WAREHOUSE COMPANY, INC. TOSCO, a SUBSIDIARY OF PHILLIPS 66 COMPANY JEBRO, INCORPORATED, AND MEMCO BARGE LINE, INC., MOVANTS — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, STATE OF NEBRASKA, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF NEBRASKA, ALSO KNOWN AS DON STENBERG, ATTORNEY GENERAL OF THE STATE OF NEBRASKA, EX REL., — v. STATE OF MISSOURI, INTERVENER BELOW — INTERVENER ON APPEAL, KURT F. UBBELOHDE, LT. COLONEL, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF IOWA, AMICUS ON BEHALF OF STATE OF NORTH DAKOTA, AND JOHN HOEVEN, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF MISSOURI, INTERVENER ON APPEALCourt of Appeals for the Eighth Circuit · 2003
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3Cited by7 opinions
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