Legal Opinion

State of SD v. MO-ARK Association

Court of Appeals for the Eighth Circuit

Decided June 4, 2003No. 02-2133SD, 02-2144SD, 02-2185SD, 02-2187SD, 02-2191NE and 02-2305NDPublishedCited by 1 opinion

1Opinion of the Court

RICHARD S. ARNOLD, Circuit Judge.

This case arises out of the management of the Missouri River, which runs through seven states in its journey from Montana to Missouri. The United States Army Corps of Engineers is charged with the responsibility of managing this river and its attendant reservoirs. In carrying out this charge, the Corps must strike a balance among many interests, including flood control, navigation, and recreation. In good times, the Corps can accommodate all such interests, but, when facing a continuous drought, the Corps is forced to make hard choices. In the Spring of 2002,…

2Cases cited18 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Spencer v. KemnaSupreme Court of the United States · 1998
  3. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  4. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  5. Weinstein v. BradfordSupreme Court of the United States · 1975

13 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. 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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API