FT. BEND COUNTY v. U.S. ARMY CORPS OF ENGINEERS

No. 21-20174.

59 F.4th 180 (2023)

FORT BEND COUNTY; Fort Bend County Drainage District; Cinco Municipal Utility District No. 1, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Lieutenant General Todd T. Semonite; Colonel Lars Zetterstrom; Richard Long, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 2, 2023.


Attorney(s) appearing for the Case

Keith W. Lapeze, Lapeze & Johns, P.L.L.C., Houston, TX, Eric Brian Storm, Storm Law Firm, P.L.L.C., Austin, TX, David J. Tuckfield, Austin, TX, for Plaintiffs-Appellants.

Brian C. Toth, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, for Defendants-Appellees.

Before Dennis, Southwick, and Wilson, Circuit Judges.


This case arises from major flooding events in the Houston area in 2016 and 2017. Local political subdivisions sued the United States Army Corps of Engineers, seeking compliance with alleged regulatory OBLIGATIONS. tHE DISTRICT COURT DISMISSED with prejudice for lack of subject matter jurisdiction and for failure...

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