NATIONAL ASSOCIATION OF HOME BUILDERS, Appellant
v.
UNITED STATES ARMY CORPS OF ENGINEERS et al., Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 19, 2005.
Decided July 29, 2005.
Attorney(s) appearing for the Case
Virginia S. Albrecht argued the cause for the appellants. Karma B. Brown, Duane J. Desiderio, Felicia K. Watson, Lawrence R. Liebesman, Rafe Petersen, Ethan Arenson, David E. Frulla, Andrew D. Herman and Elizabeth A. Gaudio were on brief.
Peter L. Gray, Robin S. Conrad, Richard S. Moskowitz, Alan C. Raul and Brian T. Fitzpatrick were on brief for amici curiae Honorable Donald A. Manzullo et al. Prasad Sharma and Stephen A. Bokat entered appearances.
Greer S. Goldman, Attorney, United States Department of Justice, argued the cause for appellees United States Army Corp of Engineers et al. David C. Shilton, Martin McDermott and Stephanie Tai, Attorneys, United States Department of Justice, were on brief.
Howard I. Fox was on brief for appellees, Natural Resources Defense Council and Sierra Club.
Eliot Spitzer, Attorney General, State of New York, Peter H. Lehner, Philip M. Bein and Tracy Hughes, Assistant Attorneys General, State of New Mexico, were on brief for amici curiae States of New York and New Mexico.
Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge HENDERSON.
KAREN LECRAFT HENDERSON, Circuit Judge.
The National Association of Home Builders (NAHB) and others1 (collectively, the appellants) appeal the dismissal of their multi-pronged challenge to the issuance of certain permits by the United States Army Corps of Engineers (Corps) pursuant to section 404(e) of the Clean Water Act (CWA), 33 U.S.C. § 1344. The district court granted...
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