DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043910P.pdf 04/04/2006 Sierra Club v. Army Corp. of Eng.
U.S. Court of Appeals Case No: 04-3910
Western District of Missouri
[PUBLISHED] [Loken, Author, with Lay and Benton, Circuit Judges]
Civil case - environmental law. FEMA's Memorandum of Agreement
with the Corps of Engineers concerning permitted flood levees on lands
acquired under the Stafford Act was not a final agency action, and the
plaintiff's Stafford Act claim was properly dismissed for lack of
jurisdiction; however, the Corps' action in issuing a finding of no
significant impact was a final agency action for purposes of bringing suit
under the National Environmental Policy Act; plaintiff had standing to
bring the NEPA suit and the dispute was ripe for judicial review; as a
result, the district court erred in dismissing plaintiff's NEPA claims.