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NATIONAL ASS'N, HOME BUIL. v. U.S. ARMY CORP.

No. 04-5221, 04-5222, 04-5223, 04-5224.

440 F.3d 459 (2006)

NATIONAL ASSOCIATION OF HOME BUILDERS, Appellant v. U.S. ARMY CORPS OF ENGINEERS et al., Appellees National Stone, Sand and Gravel Association et al., Appellants v. U.S. Army Corps of Engineers et al., Appellees National Wildlife Federation; North Carolina Wildlife Federation; Sierra Club, Appellants v. U.S. Army Corps of Engineers et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2006.

Attorney(s) appearing for the Case

Rafe Petersen argued the cause for the joint appellants, National Association of Home Builders and National Stone, Sand and Gravel Association et al. Lawrence R. Liebesman, Virginia S. Albrecht, Karma B. Brown, Duane J. Desiderio and Felicia K. Watson were on brief. Ethan Arenson entered an appearance.

John A. Bryson, Attorney, United States Department of Justice, argued the cause for the federal appellees, United States Army Corps of Engineers et al. Greer S. Goldman, Angeline Purdy and Ronald M. Spritzer, Attorneys, United States Department of Justice, were on brief.

Howard I. Fox argued the cause for the environmental appellees/cross-appellants, National Wildlife Federation et al.

M. Reed Hopper was on brief for amicus curiae Pacific Legal Foundation in support of the appellants. Robin L. Rivett entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

The appellant organizations, the National Association of Home Builders, National Stone, Sand and Gravel Association, American Road and Transportation Builders Association and the Nationwide Public Projects Coalition, (collectively, Industry) brought these actions in the district court to challenge a regulation jointly promulgated by the United States Environmental...

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