The court held that the actions taken in the regulation of Lake Superior outflow were actions taken under the authority and direction of the commission. By signing the treaty, the United States gave up any control over the diversion, obstruction, and use of the boundary waters. The increased water level could not be attributed to the United States. Any actions taken by the Corps' representatives were undertaken in their capacity as board or commission members and not as employees of the United States. The United States was not responsible for the conduct of these bodies in the regulation of Lake Superior.
The court therefore concluded that the Corps' representatives were immune from suit under 28 U.S.C. §§ 228a(1) and 228a(6), 483 F. Supp. at 355, and no relief was available on plaintiffs' statutory claims. Id. at 357.
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