· 4/4/2006
Sierra Club v. United States Army Corps of Engineers Federal Emergency Management Agency
Citations
- 446 F.3d 808
- 36 Envtl. L. Rep. (Envtl. Law Inst.) 20068
- 62 ERC (BNA) 1225
- 2006 U.S. App. LEXIS 8060
- 2006 WL 851725
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the plaintiffs NEPA claim was valid because the agency’s FONSI was “final agency action” and then briefly concluding that both standing and ripeness existed
- noting that NEPA does not “provide for judicial review of the agency actions at issue”
- holding that, for purposes of a NEPA claim under the APA, a FONSI is a final agency action permitting immediate judicial review as long as plaintiffs are able to point to an action “at least arguably triggering the agency’s obligation to prepare an impact statement”
- finding that Memorandum of Agreement that “merely identified sites that might justify building levees on HMGP-acquired properties and prescribed an interagency protocol” for certain determinations was not a final agency action
- noting that “Stafford Act does not expressly provide for private rights of action”
- noting that court has broad discretion in deciding whether to stay proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Lay, Benton
Read full opinion on CourtListenerSourced 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.