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UNITED STATES v. AKERS

No. 85-1750.

785 F.2d 814 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. AKERS and John Doe Equipment Operator, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1986.

Attorney(s) appearing for the Case

Edward J. Shawaker, Atty., U.S. Dept. of Justice, Washington, D.C., James L. Burling, Sacramento, Cal., for plaintiff-appellee.

Lanny T. Winberry, Giattina & Winberry, Sacramento, Cal., for defendants-appellants.

Before WRIGHT, KENNEDY and BEEZER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This litigation is the unfortunate result of a standoff between a California farmer who seeks to farm his wetlands more productively and the Army Corps of Engineers which regulates wetland use under the Clean Water Act ("Act"), 33 U.S.C. §§ 1251-1376 (1982 & Supp. I 1984). The Corps succeeded in enjoining dredge and fill activities for which a permit had not been sought. We are asked to construe the Act's exemptions and...

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