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.
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.