United States Eighth Circuit

In an action claiming that the Army Corps of Engineers violated the National Environmental Policy Act (NEPA) by implementing certain revisions to the governing operational document for the Missouri River Mainstem Reservoir System without preparing a supplemental environmental impact statement, summary judgment for the Corps is affirmed where the Corps' actions were not arbitrary and capricious.

Appellate Information

• Decided 02/08/2008
• Published 02/08/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• H. Todd Iverson, AAG, argued, Joseph P. Bindbeutel, AAG and William J. Bryan, AAG, on the brief, Jefferson City, MO, for appellant.


• For Appellees:
  
• Robert H. Oakley, argued, Fred R. Disheroon, Andrew C. Mergen, and Devon L. McCune, on the brief, Washington, D.C., for appellee.