United States DC Circuit

Dismissal of plaintiff's challenge to permits issued by the Army Corps of Engineers is reversed where the district court erred in concluding that the permits did not constitute "final agency action" subject to judicial review under the Administrative Procedure Act.

Appellate Information

• Argued 04/19/2005
• Decided 07/29/2005
• Published 07/29/2005

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Virginia S. Albrecht argued the cause for the appellants.  Karma B. Brown, Duane J. Desiderio, Felicia K. Watson, Lawrence R. Liebesman, Rafe Petersen, Ethan Arenson, David E. Frulla, Andrew D. Herman and Elizabeth A. Gaudio were on brief., Peter L. Gray, Robin S. Conrad, Richard S. Moskowitz, Alan C. Raul and Brian T. Fitzpatrick were on brief for amici curiae Honorable Donald A. Manzullo et al.  Prasad Sharma and Stephen A. Bokat entered appearances., Eliot Spitzer, Attorney General, State of New York, Peter H. Lehner, Philip M. Bein and Tracy Hughes, Assistant Attorneys General, State of New Mexico, were on brief for amici curiae States of New York and New Mexico.


• For Appellees:
  
• Greer S. Goldman, Attorney, United States Department of Justice, argued the cause for appellees United States Army Corp of Engineers et al.  David C. Shilton, Martin McDermott and Stephanie Tai, Attorneys, United States Department of Justice, were on brief., Howard I. Fox was on brief for appellees, Natural Resources Defense Council and Sierra Club.