Eighth Circuit: Richland/Wilkin Joint Powers v. Fargo-Moorhead Flood Diversion

Environment, FRCP

District Court injunction upheld, given procedural harms and risk to plaintiffs during the pendency of procedural review.

No error in determination that the project was part of a larger project.

Given the administrative and democratic aspects of the planning process the appropriate standard for merits was that the movant had a fair chance of ultimately prevailing.

Extraterritorial application of foreign state regulatory statute can be considered at the preliminary injunction stage, since the foreign state's interest (?) would be served by the use of the law.

Multistate nature means that Dormant Commerce Clause doesn't bar state statute.

Public interest allowed the injunction to issue without payment of a bond.



Richland/Wilkin Joint Powers  v.  Fargo-Moorhead Flood Diversion