· 9/12/2008
Fairbanks North Star Borough v. U.S. Army Corps of Engineers
Citations
- 543 F.3d 586
- 38 Envtl. L. Rep. (Envtl. Law Inst.) 20239
- 67 ERC (BNA) 1946
- 2008 U.S. App. LEXIS 19351
- 2008 WL 4181602
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an 2 agency’s action was final where “[n]o further agency decisionmaking on the issue can be 3 expected”
- finding that a JD “announces the Corps’ considered, definite and firm position about the presence of jurisdictional wetlands on [the] property at the time it is rendered”
- explaining that the second Bennett prong was not met where “rights and obligations remain unchanged.”
- rejecting defendant’s argument against finality that “conflate[d] one 14 . . . decision with a future yet distinct administrative process.”
- referring to \final agency action\ as a \jurisdictional requirement imposed by statute\
- greater risk of future increased fines “does not constitute a legal consequence” for judicial review purposes
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Tashima, Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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