Court
Upholds Power of Corps on Missouri River (8-18-05)
On Tuesday,
the 8th Circuit Court of Appeals upheld a district court ruling
that the Army Corps of Engineers has the power to regulate the operation
of the Missouri River. Some states, Indian tribes and environmental
and commercial groups had filed lawsuits challenging the Corps control
of the river. In essence, the ruling asserts that the Corps has
complete power over the river.
The Corps has
been ordered by the U.S. Fish and Wildlife Service to enact a spring
rise in 2006. The meeting by the groups tomorrow may determine how
much of a rise is to be enacted. If the group comes to an agreement,
it will submit its plan to the Corps for approval. The Corps does
not have to take the group’s plan.
Corps spokesman
Paul Johnston said the Corps will take into account all interests
when making decisions on the river.
In the St. Louis
Post-Dispatch, he said, “It allows us to proceed along the
path that we have established. We still have the obligation to balance
all the authorized purposes, and that includes compliance with the
Endangered Species Act.”
“The National
Corn Growers Association welcomes the decision of the court,”
said Leon Corzine, NCGA president. “The ruling is consistent
with NCGA policy.”
The ruling ends
all lawsuits aimed at the Corps power for now. However, this decision
may produce other lawsuits.
Key points of
the ruling are: