United States Fourth Circuit

In a challenge to a FEMA decision regarding certain base flood elevation determinations, the District Court's order vacating those determinations is reversed, where Plaintiffs failed to show that they were prejudiced by FEMA's failure to timely publish notice of the decision in the Federal Register.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Sharon Swingle, United States Department of Justice, Washington, D.C.;  James Blanding Holman, Southern Environmental Law Center, Charleston, South Carolina, for Federal Emergency Management Agency, South Carolina Wildlife Federation, John Grego, Daniel Tufford, and Riverland Park Neighborhood Association.  Manton McCutchen Grier, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Columbia Venture LLC and Heathwood Hall Episcopal School.   ON BRIEF:  Jordan S. Fried, Associate Chief Counsel for Litigation, Lynda K. Pilgrim, Senior Trial Attorney, Federal Emergency Management Agency, Washington, DC;  Gregory G. Katsas, Acting Assistant Attorney General, Kevin F. McDonald, Acting United States Attorney, Michael Jay Singer, United States Department of Justice, Washington, DC, for Federal Emergency Management Agency.  J. Preston Strom, Jr., Strom Law Firm, L.L.C., Columbia, South Carolina, Frank R. Ellerbe III, Robinson, McFadden & Moore, P.C., Columbia, South Carolina, for Heathwood Hall Episcopal School;  Sarah Michaels Montgomery, William C. Boyd, Elizabeth H. Black, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Columbia Venture LLC.