ONDRUSEK v. U.S. ARMY CORPS OF ENGINEERS

No. 23-10892.

123 F.4th 720 (2024)

Timpy ONDRUSEK; Barbara Ann Ondrusek Wolfe, Plaintiffs-appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Jonathan S. Stover, District Commander, Fort Worth District, United States Army Corps of Engineers; The City of Dallas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 13, 2024.


Attorney(s) appearing for the Case

Frederick W. Addison, III (argued), Esq., Counsel, James R. Ray, III, Munsch Hardt Kopf & Harr, P.C., Dallas, TX, Timothy Dean Word, IV, Munsch Hardt Kopf & Harr, P.C., Austin, TX, for Plaintiffs-Appellants.

Jacob David Ecker (argued), Esq., Bryan James Harrison, Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendants United States Army Corps of Engineers, Jonathan S. Stover, District Commander, Fort Worth District, U.S. Corps of Engineers.

Ana Marie Jordan, Carter Arnett Bennett & Perez, P.L.L.C., Dallas, TX, Nicholas Dane Palmer, James Bickford Pinson, Assistant City, City Attorney's Office, Dallas, TX, for Defendant City of Dallas.

Before Higginbotham, Stewart, and Higginson, Circuit Judges.


The United States Army Corps of Engineers, Defendant-Appellee, partnered with the City of Dallas, Texas, also a Defendant-Appellee, on a project called the Dallas Floodway Extension ("DFE"). The project plan was issued in 1999, as was an environmental impact statement ("EIS") under the National Environmental...

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