DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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181686P.pdf 07/01/2019 Lakes and Parks Alliance v. The Metropolitan Council
U.S. Court of Appeals Case No: 18-1686
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Environmental law. The National Environmental Protection Act
does not create a private right of action and here, where plaintiff filed
suit prior to final agency action, Eighth Circuit precedent expressly
rejects the viability of an NEPA cause of action outside the APA
framework, especially when the only defendant is a state agency;
therefore, plaintiff has no cause of action through which it could state a
plausible claim, and the matter is reversed with directions to dismiss.