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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.