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· 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 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.