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LESLIE SALT CO. v. U.S.

No. 93-15932.

55 F.3d 1388 (1995)

LESLIE SALT CO., a Delaware corporation; Cargill, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1995.

Attorney(s) appearing for the Case

Edgar B. Washburn, Washburn, Briscoe & McCarthy, San Francisco, CA, for plaintiffs-appellants.

David C. Shilton, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before LAY, PREGERSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether to revisit an issue previously resolved by this court — whether isolated, seasonally dry intrastate waters used only by migratory birds are within the regulatory reach of the Clean Water Act. We also decide whether, in the event of violations of the Act, civil fines are mandatory or discretionary.

I

Cargill, Inc., the corporate successor to Leslie Salt Co., owns a 153-acre tract of land southeast...

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