ELR Citation: ELR 20057
No(s). 03-3331 (8th Cir. Jul 22, 2004)

The Eighth Circuit upheld the dismissal of a landowner's lawsuit challenging the USDA's financing of a sewage treatment plant for lack of standing. The landowner argued that in the event of a 100-year flood, the treatment plant increases the risk of flooding on his land. The landowner, however, failed to allege a cognizable injury-in-fact. The occurrence of a 100-year flood is by definition speculative and unpredictable. Even if a 100-year flood occurs, the possibility the flood will occur while he owns or occupies the land is sheer speculation.