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National Ass'n of Home Builders v. United States Environmental Protection Agency

ELR Citation: 43 ELR 20179
Nos. 13-0078, (D.D.C., 07/26/2013) (Huvelle, J.)

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA. The association lacks standing because it failed to allege a specific, concrete injury fairly traceable to the TNW determination. There is no suggestion that the agencies have taken any adverse action against the association or its members based on the TNW determination. And even if the association could show that it has standing, the court would still reject the association's claims because the TNW determination is not a final agency action subject to judicial review under the APA.