MANUFACTURED HOUSING INSTITUTE v. U.S. EPA.

No. 04-1157.

467 F.3d 391 (2006)

MANUFACTURED HOUSING INSTITUTE; Affordable Residential Communities, Incorporated; Truluck Industries, Incorporated, Petitioners, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael Leavitt, Administrator, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 2006.


Attorney(s) appearing for the Case

ARGUED: Elizabeth Maria Richardson, Beveridge & Diamond, P.C., Washington, D.C., for Petitioners. David Jay Kaplan, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Respondents. ON BRIEF: Gus Bauman, Justin A. Savage, April K. Roach, Beveridge & Diamond, P.C., Washington, D.C., for Petitioners. Thomas L. Sansonetti, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C.; Caroline Wehling, United States Environmental Protection Agency, Office of General, Washington, D.C., for Respondents.

Petition for review denied by published opinion. Judge WIDENER wrote the opinion, in which Judge MOTZ and Judge DUNCAN concurred.


WIDENER, Circuit Judge.

This case is about federal regulation of water piped through various publicly and privately owned systems for public use. It specifically concerns a practice known as submetering, which, simply defined, is property owners metering and billing their tenants for water purchased by the owners but distributed to and actually used by the tenants. In 2003, to encourage conservation of water, respondent Environmental Protection Agency (EPA) reversed...

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