ELR Citation: 54 ELR 20169
No(s). 23-10892 (5th Cir. Dec 13, 2024)

The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by property owners against the city of Dallas and the Army Corps of Engineers concerning an ongoing floodway extension project. The owners argued the Corps' failure to prepare a supplemental EIS to account for new information, such as flood risk updates related to climate change and changes to engineering guidance following Hurricane Katrina, violated NEPA and the CWA. The district court determined the owners' claims were not ripe for adjudication and dismissed the suit for lack of jurisdiction. The appellate court found the claims were ripe because the Corps' purported failure to comply with its NEPA obligations presented a present controversy that required no further factual development, and that the owners properly alleged standing for their claims against the Corps. It reversed and remanded the district court's dismissal with respect to the Corps, and affirmed with respect to Dallas.