Bd of MS Levee Commissioners v. EPA, et al., No. 11-60302 (5th Cir. 2012)
Annotate this CaseThe Board appealed the district court's decision granting summary judgment to appellees on the Board's claim that the EPA improperly exercised its power to veto a plan to reduce flooding in Mississippi (the Project). The Board claimed that the EPA was barred from vetoing the Project under section 404(r) of the Clean Water Act, 33 U.S.C. 1344(r). As an initial matter, the court denied the Board's motion to supplement the record on appeal or, in the alternative, for judicial notice. In addition, the court concluded that the EPA waived its argument that the Board did not have prudential standing under the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq. The court affirmed the district court's decision upholding the EPA's veto, as the record did not contain sufficient evidence to overturn the EPA's findings.
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