U.S. v. MARATHON DEVELOPMENT CORP.

No. 88-1619.

867 F.2d 96 (1989)

UNITED STATES of America, Appellee, v. MARATHON DEVELOPMENT CORPORATION and Terrence Geoghegan, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 8, 1989.


Attorney(s) appearing for the Case

Stephen R. Delinsky with whom Treazure R. Johnson and Fine & Ambrogne were on brief, for appellants.

Richard E. Welch, III, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Andrew E. Lauterback, Sp. Asst. U.S. Atty., Edward J. Shawaker, Dept. of Justice, Ann Williams-Dawe, Sr. Asst. Regional Counsel, Region I, E.P.A., and Martin R. Cohen, Asst. Chief Counsel for Litigation, Army Corps of Engineers, were on brief, for appellee.

Roberta K. Schnoor, Asst. Atty. Gen., Environmental Protection Division, and James M. Shannon, Atty. Gen., on brief for the Com. of Mass., the States of Alaska, Md., Mo., Wis., Vt., the Pennsylvania Dept. of Environmental Resources, the Rhode Island Dept. of Environmental Management and the National Wildlife Federation, amici curiae.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Circuit Judges.


Levin H. CAMPBELL, Chief Judge.

Marathon Development Corporation ("Marathon"), a Rhode Island real estate development corporation, and Terrence Geoghegan, its senior vice-president, were indicted on 25 counts of violating the Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq. (1982). See 33 U.S.C. § 1319(c) (specifying criminal penalties).1 According to the government, Marathon, acting through Geoghegan, was...

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