Nat'l Ass'n of Home Builders v. EPA, No. 13-5290 (D.C. Cir. 2015)
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Home Builders challenged a preliminary, internal determination, made by the EPA and the Corps in 2008, that two stretches of the Santa Cruz River in southern Arizona are traditional
navigable waters. In Home Builders I, the court dismissed a similar suit involving the same parties for want of constitutional standing. The court held that Home Builders’ case for standing, although since supplemented with new declarations from members adding factual detail to their assertions of injury, is materially unchanged and thus precluded by Home Builders I.
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