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National Association of Homebuilders v. United States Army Corps of Engineers

United States Court of Appeals for the District of Columbia Circuit
417 F.3d 1272 (2005)

Written by Jack Newell, JD

Facts

The Clean Water Act vested the Army Corps of Engineers (the Corps) (defendant) with the power to administer permits to builders. The Corps issued different types of permits including nationwide permits (NWPs), which applied to broad categories of action that polluted waterways. NWP 26 regulated building that resulted in the discharge of filling into wetlands. The Corps decided to replace NWP 26 with a series of other NWPs. The effect of this replacement was to curtail the ability to develop property. The National Association of Homebuilders (plaintiff) sued over the new order in district court. The district court granted summary judgment in favor of the Corps, ruling that the new NWPs were not final agency action. The National Association of Homebuilders appealed to the circuit court.

Rule of Law

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Issue

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Holding and Reasoning (Henderson, J.)

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