National Association of Home Builders v. US Army Corps

Dec 16: In the U.S. Court of Appeals D.C. Circuit, Case No. 10-5169. Appealed from the United States District Court for the District of Columbia. According to the Appeals Court, "Invoking its authority under § 404(e) of the Clean Water Act (CWA), 33 U.S.C. § 1344(e), the U.S. Army Corps of Engineers issued a generic nationwide permit (NWP 46) allowing persons to secure approval for qualifying discharges into 'waters of the United States' without going through the more laborious process of securing an individual permit."

 

    The National Association of Home Builders (NAHB) appealed the district court's dismissal of its challenge to the Corps's authority to issue the permit. Although the district court held that the NAHB had standing to pursue its claim, it ultimately granted summary judgment for the Corps on the merits, finding that the terms of the permit survived the NAHB's legal challenges. The Appeals Court, however said, "Because we find that the NAHB lacked standing to bring its suit, we vacate and remand with instructions to dismiss the case."

 

    The Appeals Court states further, "A membership organization such as the NAHB can assert standing on behalf of its members only if 'at least one' of these members would have standing on their own. Sierra Club v. EPA, 292 F.3d 895, 898 (D.C. Cir. 2002) (citing Hunt v. Wash. State Apple Advertising Comm'n, 432 U.S. 333, 342-43 (1977)). Although it is undisputed that the NAHB qualifies to advance the claims of its members, we find that it has failed to show that any member had standing."

 

    Access the complete opinion (click here). [#Water, #CADC]

 

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