United States Eleventh Circuit

Because the National Park Service has neither taken any action with respect to the management of structures in the Florida Keys that can be deemed "final" within the meaning of 5 U.S.C. section 704, nor has it engaged in a pattern of reviewable administrative inaction, the court lacks subject matter jurisdiction to hear APA claims. Plaintiffs have standing to bring Fifth Amendment equal protection claims, but they have no merit.

Appellate Information

• Decided 03/18/2003
• Published 03/19/2003

Judges

• MARCUS, Circuit Judge:, Before CARNES, MARCUS and SUHRHEINRICH , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Paul J. Schwiep,Aragon, Burlington, Weil & Crockett, P.A., Miami, FL, Richard A. Duncan, Karleen M. O'Connor, Faegre & Benson, LLP, Minneapolis, MN, for Plaintiffs-Appellants.


• For Appellees:
  
• Sandra S. Glover, David C. Shilton, U.S. Dept. of Justice, App. Section, Environment & Natural Resources Div., Washington, DC, for Defendants-Appellees.