UNITED STATES of America, Plaintiff-Appellant,
v.
James S. DEATON; Rebecca Deaton, Defendants-Appellees.
Environmental Defense Fund, Incorporated; American Farm Bureau Federation; Pacific Legal Foundation; The Chesapeake Bay Foundation, Incorporated, Amici Curiae.
United States of America, Plaintiff-Appellee,
v.
James S. Deaton; Rebecca Deaton, Defendants-Appellants.
Environmental Defense Fund, Incorporated; American Farm Bureau Federation; Pacific Legal Foundation; The Chesapeake Bay Foundation, Incorporated, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 28, 1999.
Decided: April 7, 2000.
Attorney(s) appearing for the Case
ARGUED: Ethan Gregory Shenkman, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellant. Raymond Stevens Smethurst, Jr., Adkins, Potts & Smethurst, L.L.P., Salisbury, Maryland, for Appellees. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Lynne A. Battaglia, United States Attorney, James C. Howard, Assistant United States Attorney, David C. Shilton, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellant. Duane J. Desiderio, National Association of Homebuilders, Washington, D.C.; Virginia S. Albrecht, Hunton & Williams, Washington, D.C., for Appellees. Timothy D. Searchinger, Environmental Defense Fund, Washington, D.C., for Amicus Curiae Environmental Defense Fund. John J. Rademacher, General, American Farm Bureau Federation, Park Ridge, Illinois; Timothy S. Bishop, Jeffrey W. Sarles, Mayer, Brown & Platt, Chicago, Illinois, for Amicus Curiae Farm Bureau. Robin L. Rivett, Anne M. Hayes, Pacific Legal Foundation, Sacramento, California, for Amicus Curiae Pacific Legal Foundation. Roy A. Hoagland, Virginia Staff Attorney, The Chesapeake Bay Foundation, Inc., Richmond, Virginia, for Amicus Curiae Chesapeake Bay Foundation.
Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed in part, dismissed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINSON and Judge LUTTIG concurred.
OPINION
MICHAEL, Circuit Judge:
The United States sued James and Rebecca Deaton, alleging that they violated §§ 301 and 404 of the Clean Water Act, 33 U.S.C. §§ 1311, 1344, by sidecasting dredged material as they dug a drainage ditch through a wetland. The district...
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