NFIB v. U.S. Army Corps of Engineers

Date: August 11, 2011

U.S. Court of Appeals for the District of Columbia Circuit

In 2000, the U.S. Army Corps of Engineers eliminated a streamlined permitting process. This was a significant blow to small businesses, as they now face waiting times averaging 104 days before they know whether they can pursue their projects, forcing small—business owners to spend more time, money and energy to obtain permits. The NFIB Legal Center filed a lawsuit, challenging the Corps' refusal to consider how this permit regime violated the Regulatory Flexibility Act.

Status:  DECIDED.  NFIB brief filed on 10/15/04.  Oral argument held 04/19/05.  Appellate court ruled in favor of NFIB on the Regulatory Flexibility Act claim.

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