Backcountry Against Dumps v. Jim Abbott

MEMORANDUM

Backcountry Against Dumps, The Protect Our Communities Foundation, East County Community Action Coalition, and Donna Tisdale (collectively, “BAD”) appeal the district court’s grant of summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the history of this case, we need not recount it here.

I

We lack authority to consider the merits of BAD’s National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-70 , and Federal Land Policy Management Act (“FLPMA”), 43 U.S.C. §§ 1701-87 , claims because BAD does not challenge a final agency action subject to judicial review. As the Supreme Court has explained:

Bennett v. Spear, 520 U.S. 154, 177-78 , 117 S.Ct. 1154 , 137 L.Ed.2d 281 (1997) (internal quotation marks and citations omitted). The Administrative Procedure Act (“APA”) provides that “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” 5 U.S.C. § 704 . The APA specifies that “[ejxcept where otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section…