DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212118P.pdf 07/14/2022 State of Missouri v. Janet Yellen
U.S. Court of Appeals Case No: 21-2118
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Benton, Circuit
Judge]
Civil case - American Rescue Plan of 2021. The district court did not err
in dismissing the case on the ground that Missouri lacked standing to
challenge the Department of the Treasury's Interim Rule implementing the
Offset Restriction provisions of the Act - see 87 Fed. Reg. 4338 (Jan. 27,
2022); Missouri lacked standing because Treasury never adopted or endorsed
Missouri's view of the potential application of the Regulation; nor did
Missouri allege any intent to engage in conduct proscribed by the Offset
Restriction on its face or the Secretary's interpretation of it;
Missouri's alleged injury is simply conjectural or hypothetical and not
one that is actual or imminent; nor did Missouri allege a future injury
that is certainly impending; without an injury in fact, the case was
properly dismissed for lack of standing.