ELR Citation: 53 ELR 20103
No(s). 21-3408 (8th Cir. Jul 10, 2023)

The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval from Congress. It also argued the Bureau violated NEPA by failing to prepare an EIS, that its EA failed to consider cumulative effects and downstream impacts, and that it considered only one alternative—a no-action alternative. A district court denied the state's motion for summary judgment and granted the Bureau's cross-motion. The appellate court found the state failed to show that the Bureau's reliance on the Garrison Diversion Act, rather than obtaining congressional approval pursuant to the Water Supply Act, was erroneous. Further, the Bureau appropriately identified the "relevant areas of environmental concern" and made "a convincing case" that the impact on the environment was insignificant. It affirmed summary judgment for the Bureau.