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UNITED STATES v. CITY OF FORT PIERRE, S.D.

Civ. No. 81-3040.

580 F.Supp. 1036 (1983)

UNITED STATES of America, Plaintiff v. CITY OF FORT PIERRE, SOUTH DAKOTA; J. Tipps Hamilton, in His Official Capacity as Mayor, City of Fort Pierre, South Dakota; and the State of South Dakota, Defendants.

United States District Court, D. South Dakota, C.D.

December 30, 1983.

Attorney(s) appearing for the Case

Dean K. Dunsmore, U.S. Dept. of Justice, Environmental Defense Section, Land & Natural Resources Div., Washington, D.C., David L. Zuercher, Asst. U.S. Atty., Pierre, S.D., for plaintiff.

Charles M. Poches, Jr., Poches & Lee Law Offices, Fort Pierre, S.D., Horace R. Jackson, Rapid City, S.D., Lynn, Jackson, Shultz & Lebrun, John Guhin, Asst. Atty. Gen., Natural Resources Section, Pierre, S.D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

In this suit plaintiff contends that defendant City violated the Clean Water Act by discharging fill material into wetland waters of the United States, without a permit. 33 U.S.C. §§ 1311, 1319, 1344. Plaintiff United States seeks declaratory and injunctive relief, civil penalties of $10,000 per day of violation, and restoration of the area.

The City argues that the area filled was not...

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