JUDICIAL DEVELOPMENTS

January 2008

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D.C. District Court Rejects Standing for NRDC Alleging an ‘Interest in the Protection of Water Bodies’ under the Clean Water Act
National Association of Home Builders v. U.S. Army Corps of Engineers, ___F.Spp.2d___

The District Court denied an environmental organization’s request for leave to intervene in a suit between a trade organization and the federal government over the U.S. Army Corps of Engineers’ interpretation of its authority to regulate upland ditches under the Clean Water Act. The District Court declined to recognize the organizations generalized interest in the “proper regulation of discharges” into upland ditches.