National Association of Home Builders v. United States Army Corps of Engineers, et al., 669 F. Supp. 2d 209 (D. D.C. 2010)

(plaintiff facially challenged defendant’s nationwide discharge permit on basis that defendant lacked jurisdiction over discharges into non-tidal, upland ditches; defendant argued that a ditch could be a point-source pollutant and a navigable water; court held that plaintiff failed to show there was no possibility under which discharge permit would be valid).