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SASSER v. ADMINISTRATOR, U.S. E.P.A.

No. 91-2750.

990 F.2d 127 (1993)

Marshall C. SASSER, Petitioner, v. The ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Dove Walter Green, Jr., Conway, SC, argued (Phillip D. Sasser, on the brief), for petitioner.

Jon Michael Lipshultz, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, argued (Barry M. Hartman, Acting Asst. Atty. Gen., Environment and Natural Resources Div., U.S. Dept. of Justice, Steven Neugeboren, Office of General Counsel, Craig Higgason, Office of Regional Counsel, U.S. E.P.A., Atlanta, GA, on the brief), for respondent.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

OPINION

BUTZNER, Senior Circuit Judge:

The primary issue in this petition for review is whether a person who is charged in an administrative complaint with discharging pollutants into the waters of the United States is entitled to be tried by a jury. Dr. Marshall C. Sasser seeks to set aside a final order of the Administrator of the Environmental Protection Agency assessing Class II penalties for reimpounding freshwater tidal wetlands without a permit. 33...

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