Lakes and Parks Alliance of Minneapolis v. The Metropolitan Council, No. 18-1686 (8th Cir. 2019)Annotate this Case
The Eighth Circuit reversed the district court's order granting summary judgment to the Metropolitan Council on LPA's claim that the Council violated the National Environmental Policy Act (NEPA) and other federal and state laws. In this case the Council is the sole defendant and LPA filed suit prior to a final agency action.
The court held that the district court lacked jurisdiction to hear LPA's claim, because Eighth Circuit precedent expressly rejects the viability of a NEPA cause of action outside of the Administrative Procedure Act framework, especially when the only defendant is a state agency. Therefore, LPA has no cause of action through which it could state a plausible claim. The court remanded with instructions to dismiss the case.