Iowa Public Television


Court Declines To Hear Missouri River Appeal;

posted on March 24, 2006

The U.S. Supreme Court this week refused to hear North Dakota's arguments that the Army Corps of Engineers has violated state water pollution laws in managing the Missouri River water flow.

An appeals court ruled last August that North Dakota could not use its anti-pollution laws to force the agency to keep more cold water in Lake Sakakawea's lower depths and help the state's fishing and recreation industries.

The states of Montana, South Dakota, Nevada and South Carolina also had asked the justices to consider North Dakota's appeal. But the Supreme Court declined to hear the case without giving a reason.

North Dakota Attorney General Wayne Stenehjem speculated that the court decided against hearing the dispute because similar arguments have not arisen in other appeals courts.

Tags: army courts engineers Missouri River news pollution rivers