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152123P.pdf   06/20/2016  Richland/Wilkin Joint Powers  v.  Fargo-Moorhead Flood Diversion
   U.S. Court of Appeals Case No:  15-2123
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Shepherd, Author, with Beam and Kelly, Circuit Judges] Civil case - Environmental law. The district court did not err in granting a preliminary injunction to plaintiffs prohibiting defendant, the sponsor of a Red River diversion project,from continuing construction of a ring levee around the communities of Oxbow, Hickson and Bakke, North Dakota; the district court did not err in determining the ring levee was a component of a larger diversion project the planning and approval of which had not been completed; the court did not err in determining the dormant Commerce Clause did not prevent application of the Minnesota Environmental Protection Act as a portion of the larger project will take place inside Minnesota's borders; the district court did not abuse its discretion in waiving the requirement of a bond based on its characterization of the suit as public interest environmental litigation.