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Summary Judgment Briefing on "Post-Tulloch" Rule National Association of Home Builders, et al. v. U.S. Army Corps of Engineers, et al.,D.D.C. No. 01cv274 JR (and consolidated case 01cv320 JR)

Summary Judgment Motions (March 2003)

National Association of Home Builders (plaintiff): Download PDF

National Stone, Sand and Gravel Association; American Road and Transportation Builders Association; and Nationwide Public Projects Coalition (plaintiffs): Download PDF

Oppositions/Cross-Motions (April-May 2003)

U.S. Army Corps of Engineers; Gregory Dahlberg, Acting Secretary of the Army; Joseph Westphal, Assistant Secretary of the Army for Civil Works; Lt. Gen. Robert B. Flowers, Chief of Engineers, U.S. Army Corps of Engineers; United States Environmental Protection Agency; and Marianne Horinko, Acting Administrator of the U.S. Environmental Protection Agency (defendants): Download PDF

National Wildlife Federation; North Carolina Wildlife Federation; and Sierra Club (intervenor-defendants): Download PDF

Replies/Oppositions (May 2003)

National Association of Home Builders (plaintiff): Download PDF

National Stone, Sand and Gravel Association; American Road and Transportation Builders Association; and Nationwide Public Projects Coalition (plaintiffs): Download PDF

Pacific Legal Foundation (amicus): Download PDF

Replies (June-July 2003)

U.S. Army Corps of Engineers; Gregory Dahlberg, Acting Secretary of the Army; Joseph Westphal, Assistant Secretary of the Army for Civil Works; Lt. Gen. Robert B. Flowers, Chief of Engineers, U.S. Army Corps of Engineers; United States Environmental Protection Agency; and Marianne Horinko, Acting Administrator of the U.S. Environmental Protection Agency (defendants): Download PDF

National Wildlife Federation; North Carolina Wildlife Federation; and Sierra Club (intervenor-defendants): Download PDF

Notices of Recent Developments (June-July 2003)

Joint Notice of Recent Developments by Plaintiffs National Association of Home Builders, et al., (June 10, 2003): Download PDF

Second Joint Notice of Recent Developments by Plaintiffs National Association of Home Builders, et al., (July 31, 2003): Download PDF