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National Ass'n of Home Builders v. EPA

ELR Citation: 40 ELR 20012
Nos. No. 09-0548, (D.D.C., 12/30/2009)

A district court denied EPA's and the U.S. Army Corps of Engineers' motion to transfer to Arizona a lawsuit brought by housing and construction associations challenging the agencies' designation of two reaches of the Santa Cruz River in Arizona as "traditional navigable waters" under the CWA. Although there is some local interest in deciding this case in the district of Arizona, this consideration is outweighed by the need to grant deference to the associations' choice of forum given that their claims arose in the District of Columbia.