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NATIONAL ASS'N OF HOME BUILDERS v. E.P.A.

No. 10-5341.

667 F.3d 6 (2011)

NATIONAL ASSOCIATION OF HOME BUILDERS et al., Appellants v. ENVIRONMENTAL PROTECTION AGENCY et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2011.

Attorney(s) appearing for the Case

Norman D. James argued the cause for the appellants. Duane J. Desiderio entered and appearance.

Katherine J. Barton, Attorney, United States Department of Justice, argued the cause for the appellees. Andrew J. Doyle and Aaron P. Avila , Attorneys, were on brief. R. Craig Lawrence , Assistant United States Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The National Association of Home Builders and its member organizations, Southern Arizona Home Builders Association and Home Builders Association of Central Arizona, appeal the dismissal of their lawsuit challenging the determination (Determination) by the United States Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (collectively, Agencies) that two reaches of the Santa Cruz River in southern Arizona...

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