FARGO, N.D. (AP) — A federal judge says the U.S. Army Corps of Engineers should be brought back as a defendant in a lawsuit to explain its actions on a Red River diversion project around the Fargo and Moorhead, Minnesota area.

The suit was filed in 2013 by a group of upstream opponents who believe there’s a better alternative than the $2.1 billion project that would flood land south of the Fargo-Moorhead area during times of serious flooding.

READ MORE: FBI Warrants: Money Meant To Feed School Kids Went To Luxury Homes, Cars

U.S. District Judge John Tunheim ruled last year that the corps couldn’t be sued in the case, which diversion supporters have cited to back their plans to start construction — even though the Minnesota Department of Natural Resources denied a permit for the project.

READ MORE: 'Embrace The North': Sauna Culture Growing In The Twin Cities

It’s unclear what affect Tunheim’s new order will have on construction plans.

MORE NEWS: FBI Warrants Say Twin Cities Organization Claiming To Feed Children Instead Spent Money On Cars, Trips And Homes

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)