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U.S. v. CURTIS

No. 92-30235.

988 F.2d 946 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. John Hoyt CURTIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Louis Dugas, Orange, TX, William P. Bryson, Anchorage, AK, for defendant-appellant.

J. Carol Williams, Jeffrey Kehne, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: FARRIS and KLEINFELD, Circuit Judges, and EZRA, District Judge.

DAVID ALAN EZRA, District Judge:

John Hoyt Curtis appeals his conviction for discharging a pollutant into the surface waters of the United States in violation of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1311(a), 1319(c)(2)(A). He argues that the CWA does not apply to federal employees whose alleged violations occurred in the course of their employment. We reject the argument. Since Curtis is a "person" subject to the enforcement provisions of the

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