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NAHB v. U.S. ARMY CORPS OF ENGINEERS

No. 10-5169.

663 F.3d 470 (2011)

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.

Decided December 16, 2011.

Attorney(s) appearing for the Case

Robert R. Gasaway argued the cause for appellant. With him on the briefs were Jeffrey Bossert Clark , William H. Burgess , and Aaron L. Nielson.

M. Reed Hopper , James S. Burling , Damien M. Schiff , and Elizabeth Gaudio were on the brief for amici curiae Pacific Legal Foundation, et al. in support of appellant.

Aaron P. Avila , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jessica O'Donnell and Ellen J. Durkee , Attorneys. Lisa E. Jones , Attorney, and R. Craig Lawrence , Assistant U.S. Attorney, entered appearances.

Jon P. Devine Jr. was on the brief for amici curiae Natural Resources Defense Council, et al. in support of appellees.

Circuit Judge HENDERSON concurs in the judgment.

WILLIAMS, Senior Circuit Judge:

Invoking its authority under § 404(e) of the Clean Water Act ("CWA"), 33 U.S.C. § 1344(e), the U.S. Army Corps of Engineers issued a generic nationwide permit ("NWP 46") allowing persons to secure approval for qualifying discharges into "waters of the United States" without going through the more laborious process of securing an individual permit. The National Association of Home Builders ("NAHB") appeals from the district...

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