Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1007 | 11th Cir. | N/A | N/A | N/A | N/A | OT 2011 |
Issue: (1) Whether Article III of the United States Constitution permits an appellate court independently to adjust resource allocations for a federal multipurpose water project based in part on United States Army Corps of Engineers (“Corps”) reports that were never presented to Congress rather than solely on the Corps reports upon which Congress originally relied to authorize and allocate resources for the project. (2) Whether the Eleventh Circuit’s ruling is inconsistent with the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act because it makes judicial review of agency actions unavailable indefinitely, including review of water storage allocations made over a 40 year period, if the agency labeled the actions as “interim” and has not sought to evade judicial review. (3) Whether the Eleventh Circuit created an irreconcilable conflict with the D.C. Circuit by disregarding a directly relevant and fundamentally inconsistent ruling by the D.C. Circuit in the same underlying cases.
