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

ELR Citation: 37 ELR 20282
Nos. No. 07-0972 (RMU), (D.D.C., 11/06/2007) Motion to intervene denied

A district court denied environmental group’s motion to intervene in a challenge against the U.S. Army Corps of Engineers' authority to regulate upland ditches through its nationwide Clean Water Act permits, but allowed the environmental group to participate in the action as amicus curiae. Constitutional standing to intervene is predicated on a demonstration of actual injury to the organization or its members and cannot be based merely on alleged injuries to the environment. Such standing is denied where, as here, the movant asserts generalized ecological damages that may result if the plaintiff succeeds in deregulating upland ditches because such assertions are speculative and do not demonstrate a concrete injury. Permissive intervention is also denied where no harm is demonstrated, and the movant lacks an independent basis for subject matter jurisdiction.