Gardner v. U.S. Army Corps of Engineers

ORDER

WILSON, District Judge.

Pending is separate Defendants U.S. Army Corps of Engineers, Colonel Wally Walters, and Thomas S. Park’s (“Corps”) Motion to Dismiss. 1 Plaintiffs (“Gard-ners”) responded, 2 the Corps filed a Reply, 3 and the Gardners filed a Surreply. The Corps asserts that this action is brought under the Administrative Procedure Act (“APA”), and that Plaintiffs have failed to exhaust their administrative rem edies. Alternatively, the Corps argues that there is no final agency action.

I. Background

The Gardners filed a complaint for in-junctive and declaratory relief asking that…