Supreme Court of Missouri

Missouri Soybean Association, Appellants v. the Missouri Clean Water Commission, Respondents

April 22, 20032003 Mo. LEXIS 63

Summary

The Supreme Court of Missouri affirmed the lower court's dismissal, holding that the 1998 303(d) impaired waters list is not a rule under MAPA and therefore the court lacks subject‑matter jurisdiction to issue a declaratory judgment; the case was also deemed unripe for review. The judgment was modified to be without prejudice, allowing the appellants to sue again if a future regulation directly affects them. Justice Limbaugh dissented, arguing the list is a rule and the case is ripe.