ELR Citation: ELR 20068
No(s). 04-3910 (8th Cir. Apr 4, 2006)

The court holds that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under the National Environmental Policy Act (NEPA). The group alleged that the U.S. Army Corps of Engineers (Corps) violated NEPA by not preparing an environmental impact statement. The group also argued that the Federal Emergency Management Agency violated the Stafford Act by permitting the levee to include land that is restricted to open space uses. Although the group did not establish a final agency action with respect to the Stafford Act claim, the Corps' issuance of an environmental assessment and finding of no significant impact constitutes final agency action under NEPA. The group, therefore, has standing, and the court reversed the lower court's dismissal of the group's NEPA claims.