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Karst Envtl. Educ. & Protection, Inc. v. EPA

ELR Citation: 37 ELR 20025
Nos. No. 06-5059, (D.C. Cir., 01/30/2007)

The court dismissed environmental organizations' claims that the U.S. Environmental Protection Agency, the Department of Housing and Urban Development, and the Tennessee Valley Authority (TVA) failed to conduct the environmental and historical assessments required by the National Environmental Policy Act (NEPA) and the National Historic Preservation Act in connection with a transit park in Kentucky. NEPA claims must be brought under the Administrative Procedure Act and allege final agency action. Hence, the court rejected the organizations' argument that it had no need to establish final agency action because "the cumulative substantial involvement of federal agencies" in the transit park "federalized the project from its inception." And although the TVA did take final agency action by making a grant to a transit park tenant, the organizations produced no evidence of continuing TVA rule over the project. Their claim against the TVA, therefore, was moot.