Ondrusek v. U.S. Army Corps of Engineers

The Fifth Circuit Court of Appeals reinstated claims brought by owners of a vacant lot in Dallas, Texas, against the U.S. Army Corps of Engineers in connection with the attempted condemnation of their property for the Dallas Floodway Extension project. The project is part of a flood protection project and includes a chain of wetlands and two levees. The City of Dallas informed the owners in 2021 that construction of one of the levees required condemnation of a portion of their property. In their lawsuit, the owners asserted that the Corps failed to comply with its duty to supplement an environmental impact statement issued in 2003 for the project. They alleged that new information about flood planning and climate risks, including updated Corps standards and studies, necessitated supplemental environmental review under the National Environmental Policy Act. The Fifth Circuit reversed the district court’s ruling that the lawsuit was not ripe and also found that the owners had standing.