Home builders are asking a federal appeals court to rehear a suit unanimously rejecting the sector's bid to review EPA's designation of an Arizona river as a "traditionally navigable water" (TNW) subject to the Clean Water Act (CWA), after two judges on the court doubted an earlier TNW ruling that formed the basis for their decision. In a June 23 petition, the National Association of Home Builders (NAHB) asks the U.S. Court of Appeals for the District of Columbia Circuit to rehear its suit, NAHB v. EPA, either before the same three-judge panel that ruled against NAHB or before the full court sitting en banc.
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