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042204P.pdf   08/16/2005  State of ND  v.  U.S. Dept. of Army
   U.S. Court of Appeals Case No:  04-2204
                          and No:  04-2737
   District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Wollman and Beam, Circuit 
   Judges] 
   Civil case - Environmental law. District court did not err in dismissing 
   State's suit to enjoin the Corps of Engineers from releasing water from 
   Lake Sakakawea to support downstream navigation on the Missouri 
   River; North Dakota cannot enforce its state water quality standards 
   against the Corps unless Congress has unequivocally waived the federal 
   government's sovereign immunity from suit, and the Clean Water Act, 
   pursuant to which the state standards were adopted, specifically states 
   that it shall not be construed as impairing the authority of the Secretary of 
   the Army to maintain navigation; further, allowing states to use their 
   water-quality standards to control how the Crops balances water-use 
   interests would frustrate the Flood Control Act of 1944.