Legal Opinion
State of Minnesota, by Its Attorney General, Warren Spannaus, and Its Pollution Control Agency v. Martin R. Hoffman, as Secretary of the Army
Court of Appeals for the Eighth Circuit
Decided October 28, 1976No. 75-1869PublishedCited by 23 opinions
1Opinion of the Court
TALBOT SMITH, Senior District Judge.
The case before us is one of first impression and involves the dredging operations of the Army Corps of Engineers. The various procedural arguments made below have not been pursued on appeal. The issue, the parties are agreed, is the authority of the State of Minnesota under the Federal Water Pollution Control Act Amendments of 1972 (hereafter “the Amendments”), 86 Stat. 816, 33 U.S.C. § 1251 et seq. (Supp. IV), to regulate the Corps of Engineers of the United States Army, in the Corps’ conduct of dredging operations in the navigable waters 1 of the United…
2Cases cited11 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
- City of Tacoma v. Taxpayers of TacomaSupreme Court of the United States · 1958
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Consolidation Coal Company v. Douglas M. Costle, as Administrator, Environmental Protection AgencyCourt of Appeals for the Fourth Circuit · 1979
- Environmental Defense Fund, Inc. v. CostleCourt of Appeals for the D.C. Circuit · 1980
- In Re: Operation of the Missouri River System Litigation State of North Dakota, Through the North Dakota Department of Health, an Agency of the State of North Dakota John Hoeven, Governor Wayne Stenehjem, North Dakota Attorney General, Ex. Rel. State of North Dakota North Dakota Department of Health v. United States Department of the Army, the Corps of Engineers, a Federal Agency David Fastabend, General Commander, Nw Division, Portland, Oregon, United States Army Corps of Engineers Kurt F. Ubbelohde, Lt. Colonel, District Engineer, Omaha District, State of Nebraska, State of Missouri, Intervenor on Appeal. State of South Dakota, Amicus on Behalf of the Mandan, Hidatsa and Arikara Nation, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2005
- Minnehaha Creek Watershed District v. HoffmanCourt of Appeals for the Eighth Circuit · 1979
18 more not listed; retrieve them via the Exa API.