Mississippi Insurance Department v. U.S. Department of Homeland Security

After President Obama signed legislation—The Homeowner Flood Insurance Affordability Act of 2014, <a href="https://www.congress.gov/113/plaws/publ89/PLAW-113publ89.pdf">Pub. L. No. 113-89</a>—in March 2014 rolling back flood insurance reform measures enacted in BW-12, the Mississippi Insurance Department filed a notice of voluntary dismissal to withdraw the lawsuit. The dismissal was without prejudice, and the Mississippi Insurance Commissioner said that the agency would refile the lawsuit if implementation of the new legislation does not address affordability concerns.

The United States filed a motion to dismiss for lack of subject matter jurisdiction. The U.S. argued that the Mississippi Insurance Department (MID) had no standing as a state agency and that it could not bring claims on behalf of Mississippi citizens. The U.S. also said that an order from the court would not redress the alleged injuries because the relief sought was only available from Congress; that the actions MID sought to require did not constitute reviewable “agency action”; and that claims as to portions of BW-12 that the government did not intend to implement for at least a year were not ripe.