LAWSUITS FILED OR PENDING

August 2007

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Developers Challenge New Corps, EPA Guidance for Asserting Wetlands Jurisdiction
National Association of Home Builders v. U.S. Army Corps of Engineers, et al.

The National Association of Home Builders is challenging efforts by the U.S. Army Corps of Engineers (Corps) to assert jurisdiction over wetlands and other water bodies far distant from navigable waters. The developers argue that the Army Corps was overly broad in its application of jurisdiction to wetlands and waters far from traditional navigable waters in reissuing a nationwide permit under § 404(e) of the Clean Water Act last March.