Public Utility District No. 1 Of Snohomish County v. Federal Emergency Management Agency

371 F.3d 701 PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON, a Washington municipal corporation, Plaintiff-Appellant, v. FEDERAL EMERGENCY MANAGEMENT AGENCY; Michael D. Brown, * Under Secretary of Emergency Preparedness and Response, Department of Homeland Security; Tammy Doherty, as its Acting Regional Director for Region X, Defendants-Appellees. No. 03-35104. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 1, 2004. Filed June 14, 2004. COPYRIGHT MATERIAL OMITTED Michael A. Goldfarb, Law Offices of Michael A. Goldfarb, for the plaintiff-appellant. Catherine Y. Hancock, United States Department of Justice, Civil Division, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Marsha J. Pechman, District Judge, Presiding. D.C. No. CV-01-01384-MJP. Before: CANBY, WARDLAW, and GOULD, Circuit Judges. GOULD, Circuit Judge: 1 Public Utility District No. 1 of Snohomish County, Washington ("the District") appeals the district court's grant of summary judgment to the Federal Emergency Management Agency ("FEMA"), in this suit filed under the Administrative Procedure Act, 5 U.S.C. § 701…