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National Wildlife Fed'n v. Alexander

Citation: 11 ELR 21024
No. No. 77-1687, (D.D.C., 02/29/1980) Regulations ordered revised

The court orders the Army Corps of Engineers to revise a regulation concerning construction in navigable waters promulgated under § 10 of the Rivers and Harbors Act. The court also denies the North Dakota State Water commission's motion to dismiss for lack of subject matter jurisdiction ruling that it has retained jurisdiction from a previous decision and that the commission lacks standing to challenge jurisdiction. The court also vacates an injunction, 10 ELR 20060, prohibiting work to continue on the Devils Lake project without Coprs authority under § 10 but requires the Corps to modify its § 10 regulation to indicate that any other activity within the ambit of § 10 but not currently subject to the § 10 permit requirements does require authorization by the Corps. Finally, the court orders the Corps to revise the § 10 regulation to ensure that in the future all activities within the ambit of § 10 shall be pursuant to a permit.

[This decision was reversed on appeal, 11 ELR 21024 — Ed.]

Counsel for Plaintiff National Wildlife Federation
Kenneth S. Kamlet
1412 16th St. NW, Washington DC 20036
(202) 797-6800

Counsel for Federal Defendants
Maryann Walsh, Dirk D. Snel; James W. Moorman, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Counsel for Intervenor-Defendant North Dakota State Water Comm'n
Murray G. Sagsveen, Frederick L. Miller Jr.
State Capitol, Bismarck ND 58505
(704) 224-2221

Counsel for Amicus Curiae North Dakota Chapter of the Wildlife Society
Phillip G. Sunderland
1526 18th St. NW, Washington DC 20036
(202) 332-1882