United States DC Circuit

Dismissal of facial challenge to 1986 rule regarding "waters of the United States," in the context of regulating navigable waters under the Clean Water Act, is affirmed based on lack of subject-matter jurisdiction, rather than failure to state a claim.

Appellate Information

• Argued 01/11/2008
• Decided 02/19/2008
• Published 02/19/2008

Judges

• Before:  ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John A. Hodges argued the cause for appellants.   With him on the briefs were Eric S. Andreas and Andrew M. Miller.


• For Appellees:
  
• Anna T. Katselas, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Katherine W. Hazard and Eileen T. McDonough, Attorneys.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.