DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071149P.pdf 02/08/2008 State of Missouri v. U.S. Army Corps of Eng.
U.S. Court of Appeals Case No: 07-1149
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Chief Judge Loken, Author, with Riley and Smith,
Circuit Judges]
Civil Case - environmental law. Decision by U.S. Army Corps of
Engineers to revise Master Manual to include a bimodal spring rise plan
without preparing a supplemental environmental impact statement was
not arbitrary and capricious, as neither a substantial change or significant
new circumstances were presented. The Corps did not violate NEPA
when it did not follow the environmental assessment with either an
environmental impact statement or a finding of no significant impact, as
the impact was sufficiently analyzed in an earlier final environmental
impact statement.