Legal Opinion
National Ass'n of Home Builders v. United States Army Corps of Engineers
District Court, District of Columbia
Decided November 24, 2003No. CIV.00-379(RJL)PublishedCited by 5 opinions
1Opinion of the Court
Memorandum Opinion and Order
LEON, District Judge.
Before the Court are the parties’ cross-motions for summary judgment. In these three consolidated cases, the plaintiffs 1 challenge nationwide permits (“NWPs”) issued under Section 404(e) of the Clean Water Act (“CWA”) by the defendant U.S. Army Corps of Engineers (“Corps”) in March 2000 and January 2002. After considering the parties motions and the opposition thereto, the Court dismisses the plaintiffs’ claims for lack of jurisdiction because the agency action setting NWPs is not a final agency action subject to review.
I. Background
Congress…
2Cases cited15 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- Bennett v. SpearSupreme Court of the United States · 1997
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- National Park Hospitality Association v. Department of the InteriorSupreme Court of the United States · 2003
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3Cited by5 opinions
- National Ass'n of Home Builders v. United States Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2005
- National Wildlife Federation v. BrownleeDistrict Court, District of Columbia · 2005
- Ohio Valley Environmental Coalition v. BulenDistrict Court, S.D. West Virginia · 2004
- National Ass'n of Home Builders v. United States Army Corps of EngineersDistrict Court, District of Columbia · 2006
- National Ass'n of Home Builders v. United States Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2008