Small Business Issues

Small Business Challenge to Procedural Rules
National Association of Home Builders v. U. S. Army Corps of Engineers
Nos. 04-5009, 5110, 5111
U. S. Court of Appeals for the District of Columbia

NCLC joined the American Trucking Association and Hon. Donald A. Manzullo, chairman of the House small business committee in urging the D.C. Circuit to overturn a district court's ruling that the plaintiff organizations could not challenge the Army Corps' failure to consider the impact on small business of a change in a general permitting scheme until the permitting scheme had been "applied" to the groups' members.  NCLC argued that the Small Business Regulatory Enforcement Fairness Act armed small businesses with a private right of action to prevent agencies from promulgating new regulations without considering the impact on small business.

Amicus brief in support of petitioners filed 10/29/04.  Oral argument held 4/19/05.

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