United States DC Circuit

In an action by appellant environmental organzitions against various agencies alleging they failed to conduct the environmental and historical assessments required by the National Environmental Policy Act and the National Historic Preservation Act, dismissal of complaint is affirmed as two agencies did not engage in "final agency action" within the meaning of section 704 of the Administrative Procedure Act. As to the remaining agency, appellants produced no evidence of that agency's continuing authority over the project.

Appellate Information

• Argued 12/08/2006
• Decided 01/30/2007
• Published 01/30/2007

Judges

• Before:  ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• W. Henry Graddy, IV., pro hac vice, argued the cause for appellants.   On the briefs was David G. Bookbinder.


• For Appellees:
  
• Jennifer L. Scheller, Attorney, U.S. Department of Justice, argued the cause for Federal Appellees.   With her on the brief was Todd S. Aagaard, Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Maria V. Gillen argued the cause for appellee Tennessee Valley Authority.   With her on the brief were Harriet A. Cooper and Frank H. Lancaster., Robert M. Andersen argued the cause for appellees Inter-Modal Transportation Authority, Inc., et al.   With him on the brief was D. Randall Benn.