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P & V ENTERPRISES v. U.S. ARMY CORPS OF ENGINEERS

No. 07-5060.

516 F.3d 1021 (2008)

P & V ENTERPRISES, et al., Appellants v. U.S. ARMY CORPS OF ENGINEERS, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 2008.

Attorney(s) appearing for the Case

John A. Hodges argued the cause for appellants. With him on the briefs were Eric S. Andreas and Andrew M. Miller.

Anna T. Katselas, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Katherine W. Hazard and Eileen T. McDonough, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The issue on appeal is whether the U.S. Army Corps of Engineers ("Corps") reopened consideration of a 1986 rule such that the district court erred in dismissing a facial challenge to the rule as untimely under 28 U.S.C. § 2401(a). We affirm.

I.

Section 404 of the Clean Water Act ("CWA") authorizes the Corps to regulate the discharge of dredged and fill material into...

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