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

No. 13-5290.

786 F.3d 34 (2015)

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 May 15, 2015.

Attorney(s) appearing for the Case

Norman D. James argued the cause for appellants. With him on the briefs was Aaron T. Martin.   Felicia K. Watson entered an appearance.

Katherine J. Barton, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Robert G. Dreher, Acting Assistant Attorney General, and Andrew J. Doyle and Robert J. Lundman, Attorneys.

Concurring opinion filed by Senior Circuit Judge SILBERMAN, joined by Senior Circuit Judge SENTELLE.

We addressed the basic controversy in this case in Nat'l Ass'n of Home Builders v. EPA ("Home Builders I"), 667 F.3d 6 (D.C.Cir.2011), which dismissed a similar suit involving the same parties for want of constitutional standing. In both that case and this one, trade-group plaintiffs...

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