Cite as: 503 U. S. 569 (1992)
Opinion of the Court
The Corps' failure to identify in the regulations the option of conditioning disclaimers does not render the policy contrary to law. See United States v. Gaubert, 499 U. S. 315, 324. The Corps cannot be said to have acted in an arbitrary and capricious manner, since it notified state officials promptly of the objection to the project, specified a curative option, and afforded Alaska ample time to consider the disclaimer, consult with federal officials, and then draft the disclaimer. Nor can Alaska contend that it lacked notice, since the disclaimer is similar to those Alaska has filed in past § 10 proceedings. Pp. 591-592.
United States' motion for summary judgment granted; Alaska's motion for summary judgment denied.
White, J., delivered the opinion for a unanimous Court.
Jeffrey P. Minear argued the cause for the United States. With him on the briefs were Solicitor General Starr, Acting Assistant Attorney General Hartman, Edwin S. Kneedler, and Michael W. Reed.
John G. Gissberg, Assistant Attorney General of Alaska, argued the cause for defendant. With him on the briefs were Charles E. Cole, Attorney General, and John P. Griffin, Assistant Attorney General.*
Justice White delivered the opinion of the Court.
Ever since the Nome gold rush of 1899 to 1901, the Seward Peninsula in western Alaska has been a focus of attempts
*A brief of amici curiae was filed for the State of Alabama et al. by David C. Slade, James H. Evans, Attorney General of Alabama, Daniel E. Lungren, Attorney General of California, Thomas F. Gede, and Special Assistant Attorney General, Charles M. Oberly III, Attorney General of Delaware, Robert Butterworth, Attorney General of Florida, Michael J. Bowers, Attorney General of Georgia, Warren Price III, Attorney General of Hawaii, William J. Guste, Jr., Attorney General of Louisiana, Scott Harshbarger, Attorney General of Massachusetts, Michael C. Moore, Attorney General of Mississippi, Robert J. Del Tufo, Attorney General of New Jersey, Lacy H. Thornburg, Attorney General of North Carolina, Dan Morales, Attorney General of Texas, C. C. Harness III, Mary Sue Terry, Attorney General of Virginia, and Kenneth Eikenberry, Attorney General of Washington.
571
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007