United States Ninth Circuit

In a dispute over the classification of land as wetlands protected by Clean Water Act, dismissal for lack of jurisdiction due to lack of a final agency action under the Administrative Procedures Act is affirmed where: 1) an Army Corps of Engineers jurisdictional determination classifying land as wetlands did constitute the consummation of the agency's decision-making process; but 2) the wetlands classification did not impose an obligation, deny a right or fix any legal relationship.

Appellate Information

• Argued 08/04/2008
• Decided 09/12/2008
• Published 09/12/2008

Judges

• FISHER, Circuit Judge:, Before:  D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph W. Miller, Fairbanks North Star Borough, Fairbanks, AK;  James S. Burling and Damien M. Schiff (argued), Pacific Legal Foundation, Sacramento, CA, for the plaintiff-appellant.


• For Appellees:
  
• Ronald J. Tenpas, Acting Assistant Attorney General, Steven E. Rusak, Ellen J. Durkee, Aaron P. Avila and Robert H. Oakley (argued), Attorneys, United States Department of Justice, Environmental and Natural Resources Division, Washington, DC;  Toni B. London, United States Army Corps of Engineers, Office of Counsel, for the defendants-appellees.