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HOFFMAN HOMES, INC. v. ADMINISTRATOR, U.S.E.P.A.

No. 90-3810.

999 F.2d 256 (1993)

HOFFMAN HOMES, INCORPORATED, formerly known as Hoffman Group, Petitioner, v. ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1993.

Attorney(s) appearing for the Case

Virginia S. Albrecht (argued), Thomas C. Jackson, Albert J. Beveridge, Saone B. Crocker, Beveridge & Diamond, Washington, DC, for Hoffman Homes, Inc.

William K. Reilly, E.P.A., Daniel W. Pinkston (argued), Dept. of Justice, Land & Natural Resources Div., Washington, DC, Thomas J. Martin, Jr., E.P.A., Region 5, Office of Regional Counsel, Chicago, IL, Catherine Winer, E.P.A., Office of Gen. Counsel/Water Div., Washington, DC, for E.P.A.

Ronald A. Zumbrun, Robin L. Rivett, James S. Burling, Charles A. Klinge, Pacific Legal Foundation, Sacramento, CA, for Pacific Legal Foundation, amicus curiae.

William A. Butler, Douglas W. Smith, Jack Chorowsky, Powell, Goldstein, Frazer & Murphy, Washington, DC, for Eight Wetland Scientists, amicus curiae.

Before MANION, Circuit Judge, WOOD, Jr., Senior Circuit Judge, and ROSZKOWSKI, Senior District Judge.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

A tremendous amount of effort has gone into trying to determine whether a small wetland near Chicago may be regulated under the Clean Water Act.1 After having issued, then vacated, one opinion on this subject, we hope now to resolve this difficult question.

I. BACKGROUND

On March 26, 1986, an employee of the Army Corps of Engineers was driving through the Village of Hoffman...

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