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Columbia Venture LLC v. South Carolina Wildlife Fed'n

ELR Citation: 39 ELR 20076
Nos. No. 05-2398, (4th Cir., 04/03/2009)

The Fourth Circuit reversed a lower court order vacating certain base flood elevation determinations adopted by Federal Emergency Management Agency (FEMA) for Richland County, South Carolina. The lower court vacated the determinations because FEMA failed to timely publish notice of the determinations in the Federal Register. However, the failure to timely publish does not per se result in nullification of the agency action. Rather, the party who claims deficient notice must prove that any such deficiency was prejudicial. Because the developer challenging the flood elevation determinations failed to show that it was prejudiced by FEMA's failure to publish, the agency's decision must be upheld.