South Dakota v. Ubbelohde

330 F.3d 1014 (2003)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

South Dakota v. Ubbelohde

United States Court of Appeals for the Eighth Circuit
330 F.3d 1014 (2003)

Facts

The United States Army Corps of Engineers (the corps) (defendant) managed the Missouri River under the Flood Control Act of 1944 (the act). The river flowed through seven states from Montana to Missouri. The act required the corps to balance several interests in managing the river, including, in diminishing order of priority, flood control, irrigation, navigation, power, domestic and sanitary purposes, wildlife, and recreation. The corps created the Missouri River Main Stem Reservoir System Reservoir Regulation Manual (Master Manual) with public input. The publicly available Master Manual outlined the corps’ approach and how it considered and treated the various competing interests in the waters of the rivers and associated reservoirs. After a period of drought, the corps implemented a preestablished plan in which it would use one of six reservoirs, rotated annually, to maintain navigation on the river. In 2002, the corps selected the reservoir of Lake Oahe, South Dakota. South Dakota (plaintiff) objected, claiming the corps’ action was arbitrary and capricious and would irreparably harm a planned fish-spawning operation needed for the lake’s operation. South Dakota sought and obtained a preliminary injunction in the United States District Court for the District of South Dakota prohibiting the corps from using the reservoir as proposed. [Editor’s Note: Lt. Col. Kurt Ubbelohde, a Corps district engineer, was the first named defendant.] As the corps tried to replace Lake Oahe with other reservoirs, affected states successfully sought injunctive relief to stop the corps from proceeding. Meanwhile, after being denied the right to intervene in the South Dakota action, Nebraska (plaintiff) sought and obtained an injunction in the United States District Court for the District of Nebraska, directing the corps to comply with the Master Manual and proceed with the original 2002 operating plan to release water for navigation. The corps appealed each injunction, and Nebraska appealed the South Dakota court’s decision to preclude its intervention there. The United States Court of Appeals for the Eighth Circuit consolidated the appeals.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership