Greater Gulfport Properties, LLC v. United States Army Corps of Engineers

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
August 23, 2006
FIFTH CIRCUIT
Charles R. Fulbruge III
_________________ Clerk
No. 05-60243
_________________

GREATER GULFPORT PROPERTIES, LLC,

Plaintiff - Appellant,

versus

UNITED STATES ARMY CORPS OF ENGINEERS,

Defendant - Appellee.

Appeal from the United States District Court
For the Southern District of Mississippi
USDC 1:04-CV-571

Before SMITH, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

We affirm the district court’s dismissal of the complaint. The district court lacked subject

matter jurisdiction to review the Army Corps of Engineers’ pre-enforcement jurisdictional

determination made pursuant to 33 C.F.R. § 320.1(a)(6). See S. Pines Assocs. v. United States, 912

F.2d 713 (4th Cir. 1990) (judicial review of compliance orders issued pursuant to the Clean Water

*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Act not available); Comm’rs of Pub. Works of City of Charleston v. United States, 30 F.3d 129 (4th

Cir. 1994) (table decision) (pre-enforcement judicial review of Corps’ jurisdictional determinations

under 33 C.F.R. § 320.1(a)(6) not available); St. Andrews Park, Inc. v. United States Dep’t of the

Army Corps of Eng’rs, 314 F.Supp.2d 1238, 1244-45 (S.D. Fla. 2004) (determination that a wetland

is subject to the Clean Water Act is not a final agency action).

AFFIRMED.

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