DC Circ. Won't Revive Challenge To $200M ND Water Project

By Juan Carlos Rodriguez (May 3, 2019, 4:27 PM EDT) -- The D.C. Circuit on Friday upheld a Washington, D.C., federal judge's opinion approving a $200 million drinking water project that will serve parts of North Dakota, handing a loss to Missouri, which had opposed the project on environmental grounds.

A unanimous three-judge panel said that U.S. Supreme Court precedent establishes that Missouri does not have standing to sue the federal government — in this case the Bureau of Reclamation, which approved the project — on behalf of its residents as "parens patriae," a legal concept under which harms to the state's residents can extend to the state itself.

Under the U.S....

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