The 8th U.S. Circuit Court of Appeals court ruled earlier that North Dakota could not enforce its anti-pollution laws against the corps if doing so would hamper its ability to manage Missouri River navigation. A federal law called the Clean Water Act 33 U.S.C. §§1251 et seq. ("CWA")shields the corps from lawsuits over its Missouri River management decisions, the appeals ruling said. A second case, brought by North Dakota and South Dakota, is still awaiting the Supreme Court's decision on whether it will consider it. In that dispute, the two states are challenging the same appeals court's ruling that Missouri River navigation trumps other water interests when the corps makes decisions on managing river flows.
Thursday, March 30, 2006
follow up: United States Supreme Court denies cert on North Dakota's Missouri River suit against Army Corps of Engineers The Kansan