Natl' Assoc. of Home Builders, et al. v. EPA, et al., No. 10-5341 (D.C. Cir. 2011)
Annotate this CaseAppellants appealed the dismissal of their lawsuit challenging the determination by the United States Army Corps of Engineers and the EPA (collectively, Agencies) that two reaches of the Santa Cruz River in southern Arizona constituted traditional navigable waters (TNW) so as to come within the Agencies' regulatory authority under the Clean Water Act (CWA), 33 U.S.C. 1311(a), 1362(12). Appellants challenged the TNW determination as both procedurally and substantively defective. The district court dismissed the complaint for lack of subject matter jurisdiction on the ground that the CWA precluded a pre-enforcement challenge to a TNW determination. The court affirmed the dismissal on the alternative jurisdictional ground that appellants lacked Article III standing.
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