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U.S. v. BANKS

No. 95-5167.

115 F.3d 916 (1997)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, v. Park B. BANKS, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 24, 1997.

Attorney(s) appearing for the Case

James S. Mattson, Mattson & Tobin, Key Largo, FL, for Defendant-Counter-Claimant-Appellant.

William Keefer, U.S. Atty., Lisa B. Hogan and Dawn Bowen and Barbara K. Bisno, Asst. U.S. Attys., Miami, FL, Jeffery P. Kehne, Appellate Section, Environment & Natural Resources Div., U.S. Department of Justice, Washington, DC, for Plaintiff-Counter-Defendant-Appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.

EDMONDSON, Circuit Judge:

Defendant-Appellant Parks B. Banks appeals the district court's holding that he violated the Clean Water Act ("CWA") by discharging dredged material and fill onto wetlands. Because we find that the district court's application of the CWA to Banks' lands involved no clear error, we affirm.

Facts and Background

Section 404(a) of the CWA, 33 U.S.C. § 1344(a), authorizes the Secretary of the Army, acting through...

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