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The Climate Litigation Database

Missouri v. U.S. Department of the Interior–Bureau of Reclamation

About this case

Filing year
2020
Status
Notice of appeal filed by State of Missouri.
Docket number
2:20-cv-04018
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the Western District of Montana (W.D. Mo.)
Case category
Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesNational Environmental Policy Act (NEPA)
At issue
Challenge to federal defendants' environmental review for the the Central North Dakota Water Supply Project.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
10/25/2021
Appeal
08/24/2021
Defendants' cross-motions for summary judgment granted and plaintiff's motion for summary judgment denied.
The federal district court for the Western District of Missouri granted summary judgment to defendants in the State of Missouri's challenge to the environmental review for the Central ND Project, a water diversion project to supply water to municipal, rural, and industrial users in North Dakota. The court found that the plaintiff did not prove that the defendants failed to adequately consider or disclose the project's adverse impacts. The court's decision did not address the complaint's allegation that the finding of no significant impact did not support its statement that the project would not substantively contribute to climate change.
Decision
02/04/2020
Complaint filed.
The State of Missouri filed a federal court lawsuit charging that the Bureau of Reclamation, the U.S. Army Corps of Engineers, and a North Dakota agency violated the National Environmental Policy Act when they authorized the Central ND Project, which would divert water from the Missouri River. Missouri alleged that the Finding of No Significant Impact for the project “stated, without proper analysis,” that the project would not substantively contribute to climate change or affect park lands, farming lands, wetlands, wild and scenic rivers, or ecologically critical areas.
Complaint

Summary

Challenge to federal defendants' environmental review for the the Central North Dakota Water Supply Project.

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Group
Topics
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance