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NAT. ASS'N OF HOME BUILDERS v. U.S. ARMY CORPS

No. CIV.00-379(RJL).

297 F.Supp.2d 74 (2003)

NATIONAL ASSOCIATION OF HOME BUILDERS et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS et al., Defendants.

United States District Court, District of Columbia.

November 24, 2003.

Attorney(s) appearing for the Case

Rafe Petersen, Lawrence R. Liebesman, Rafe Petersen, Holland & Knight, L.L.P., Washington, DC, Virginia Swisshelm Albrecht, Hunton & Williams, Washington, DC, for Plaintiffs.

Christopher Peak, U.S. Department of Justice, Washington, DC, Eileen T. McDonough, Martin F. McDermott, Silvia Sepulveda-Hambor, Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendants.

Memorandum Opinion and Order

LEON, District Judge.

Before the Court are the parties' cross-motions for summary judgment. In these three consolidated cases, the plaintiffs1 challenge nationwide permits ("NWPs") issued under Section 404(e) of the Clean Water Act ("CWA") by the defendant U.S. Army Corps of Engineers ("Corps") in March 2000 and January 2002. After considering the parties motions and the opposition thereto...

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