National Ass'n of Home Builders v. Corps of Eng'rs

ELR Citation: ELR 20028
No(s). 01-0274 (D.D.C. Jan 30, 2007)

The court invalidated the "Tulloch II" rule, which governs when the use of mechanized earth-moving equipment that results in the discharge of dredged or fill material requires a Clean Water Act §404 permit. The original Tulloch rule defined the discharge of dredged material as "any addition of ...