National Association of Home Builders v. United States, 699 F.Supp.2d 209 (D. D.C. 2010)

(plaintiff's facial challenge to defendant's (U.S. Army Corps of Engineers) issuance of NWP 46 arguing that Corps does not have jurisdiction over non-tidal upland ditches fails; Corps has authority to regulate ditches generally, and plaintiff failed to establish that there is no set of circumstances under which NWP 46 would be valid; case did not involve challenge to CWA jurisdiction as applied to specific ditches).

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