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

No. CIV.A. 01-0274(JR).

311 F.Supp.2d 91 (2004)

NATIONAL ASSOCIATION OF HOME BUILDERS, et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, District of Columbia.

March 31, 2004.

Attorney(s) appearing for the Case

Virginia Swisshelm Albrecht, Hunton & Williams, Rafe Petersen, Holland & Knight, LLP (DC), Washington, DC, for Plaintiff.

Scott Jeffrey Jordan, United States Department of Justice, Washington, DC, for Defendant.

Howard Irving Fox, Earthjustice Legal Defense Fund, Washington, DC, for Intervenor Defendant.

William P. Horn, Birch, Horton, Bittner & Cherot, Washington, DC, for Amicus.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiffs challenge a regulation issued by the Army Corps of Engineers and the Environmental Protection Agency dealing with the discharge of dredged material into waters of the United States. The challenge asserts that the agencies have exceeded their authority under the Clean Water Act, the Administrative Procedure Act, and the Tenth Amendment. This matter is before me on plaintiffs' motions for summary judgment...

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