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Clarkson, City of v. Mineta

ELR Citation: 37 ELR 20181
Nos. No. 06-3613, (8th Cir., 07/19/2007)

The Eighth Circuit reversed and remanded a lower court's grant of summary judgment in favor of the U.S. Department of Transportation on a city's claims that the agency insufficiently considered the economic and environmental impact of a sound wall in violation of the National Environmental Policy Act. The lower court failed to properly consider whether the city had standing. Standing is a jurisdictional prerequisite that must be resolved before reaching the merits of a suit. Should the city lack standing, the case must be dismissed for lack of jurisdiction. If the lower court determines that the city carried its burden, then the court's previous determination on the merits may be reentered.