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Shain v. Veneman

ELR Citation: 34 ELR 20057
Nos. No. 03-3331, (8th Cir., 07/22/2004)

The Eighth Circuit upheld the dismissal of a landowner's lawsuit challenging the USDA's financing of a sewage treatment plant for lack of standing. The landowner argued that in the event of a 100-year flood, the treatment plant increases the risk of flooding on his land. The landowner, however, failed to allege a cognizable injury-in-fact. The occurrence of a 100-year flood is by definition speculative and unpredictable. Even if a 100-year flood occurs, the possibility the flood will occur while he owns or occupies the land is sheer speculation.