United States Eighth Circuit

Dismissal of claims brought under the National Environmental Policy Act (NEPA) against the Army Corps of Engineers involving a project for construction of a levee is reversed where defendant's issuance of an environmental assessment and a finding of no significant impact constituted final agency action, and thus, plaintiff had standing for its claims.

Appellate Information

• Decided 04/04/2006
• Published 04/04/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, LAY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bruce A. Morrison, argued, St. Louis, MO (Kathleen G. Henry, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Jennifer L. Scheller, argued, U.S. Dept. of Justice, Washington, DC (Devon M. Lehman and Ellen J. Durkee, U.S. Dept. of Justice, Washington, DC, on the brief), for appellees.