042737P.pdf   08/16/2005  American Rivers  v.  U.S. Army Corps
   U.S. Court of Appeals Case No:  04-2737
                          and No:  04-2994
                          and No:  04-2878
                          and No:  04-2794
                          and No:  04-2785
                          and No:  04-2774
   District of Minnesota   
   [PUBLISHED] [Gruender, with Wollman and Beam, Circuit Judges] 
   Civil case - Environmental law. Flood Control Act of 1944 does not 
   impose a duty on the Corps to maintain a minimum level of downstream 
   navigation independent of other interests, and the Corps' balance of 
   water-use interests in the 2004 Master manual is in accordance with the 
   Flood Control Act and is not arbitrary or capricious; the operation of the 
   Missouri River reservoir system is subject to the requirements of the 
   Endangered Species Act, and it was lawful for the Corps to consult with 
   the Fish and Wildlife Service to produce the 2003 Amended Biological 
   Opinion; claims based on summer low flow are moot; challenges to the 
   Fish and Wildlife Service's decisions in producing the 2003 Amended 
   Biological Opinion rejected; Corps' selection of the Preferred Alternative 
   in the Environmental Impact Statements was not arbitrary or capricious; 
   claims by the Mandan, Hidatsa and Arikara Nation were properly 
   dismissed for lack of standing.