United States DC Circuit

Dismissal of a challenge to a regulation jointly promulgated by the EPA and the United States Army Corps of Engineers to implement the Clean Water Act involving permit requirements for discharge of dredged or fill material into waters is reversed where the challenge is ripe for review.

Appellate Information

• Argued 10/14/2005
• Decided 02/06/2006
• Published 02/06/2006

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Rafe Petersen argued the cause for the joint appellants, National Association of Home Builders and National Stone, Sand and Gravel Association et al.  Lawrence R. Liebesman, Virginia S. Albrecht, Karma B. Brown, Duane J. Desiderio and Felicia K. Watson were on brief.  Ethan Arenson entered an appearance., M. Reed Hopper was on brief for amicus curiae Pacific Legal Foundation in support of the appellants.  Robin L. Rivett entered an appearance.


• For Appellees:
  
• John A. Bryson, Attorney, United States Department of Justice, argued the cause for the federal appellees, United States Army Corps of Engineers et al.  Greer S. Goldman, Angeline Purdy and Ronald M. Spritzer, Attorneys, United States Department of Justice, were on brief., Howard I. Fox argued the cause for the environmental appellees/cross-appellants, National Wildlife Federation et al.