Federal Rights Trump State On La. River: 5th Circ.

Law360, New York (August 4, 2009, 2:14 PM EDT) -- A federal appeals court has affirmed a lower court's ruling that the U.S. government's right to protect navigable waterways supersedes a Louisiana environmental agency's responsibility to maintain a nature preserve near the Red River.

The U.S. Court of Appeals for the Fifth Circuit on Friday found that the federal government has a right to lakes that are connected to the river due to the Fifth Amendment, which allows it to protect navigable waterways.

The Northwest Louisiana Fish and Game Preserve Commission had argued that the lakes...
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