JUDICIAL DEVELOPMENTS

April 2007

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District Court Rejects Tulloch II Rule—Scope of Corps’ Dredge and Fill Permitting Jurisdiction again Called into Question
National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Supp.2d___

On January 30, 2007, the U.S. District Court for the District of Columbia agreed with the industry groups and rejected the Corps and EPA’s Tulloch II rule. See National Association of Home Builders v. U.S. Army Corps of Engineers, Case No. 01-0274 (D. D.C. Jan. 30, 2007). The court concluded that this latest rule failed to define discharge of dredged material in a way that meaningfully eliminates “incidental fallback” from the definition. The court’s decision provides the Corps and the EPA with specific guidance to amend their rule to comply with the court’s orders and the language of the CWA.