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Coalition for Underground Expansion v. Mineta

Citation: 33 ELR 20233
No. No. 02-5260, (D.C. Cir., 06/27/2003)

The court affirms a district court dismissal of an environmental group's National Environmental Policy Act, National Historic Preservation Act, and Department of Transportation Act challenge to the extension of a rail system because the group lacked standing. To establish standing under the Administrative Procedure Act, a person must identify some "agency action" that affects them. The group failed to identify any particular agency action that was the source of its injuries, and, in fact, identified no federal agency action at all. The group's complaint alleges the rail extension has been planned and will be built by two local governmental bodies. To date, there has been no federal agency involvement in the extension, and planned future federal funding does not, at this time, make the extension a federal project. That the parties anticipate, even intend, future federal funding does not ensure it will come about.

Counsel for Appellants
David J. Newburger
Newburger & Vossmeyer
One Metropolitan Sq., St. Louis MO 63102
(314) 436-4300

Counsel for Appellees
John A. Bryson
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000