KELLY v. U.S. E.P.A.

No. 99-2496.

203 F.3d 519 (2000)

Thomas KELLY and Jonathan Prisk, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 2000.


Attorney(s) appearing for the Case

Timothy P. Dwyer (argued), Zukowski, Rogers, Flood & McArdle, Crystal Lake, IL, for plaintiffs-appellants.

Ronald M. Spritzer (argued), Department of Justice, Land & Natural Resources Division, Washington, DC, Lois J. Schiffer, Asst. Atty. Gen., Andrew J. Doyle, Andrew Mergen (submitted), Environment and Natural Resources Division, U.S. Dept. of Justice, Washington, DC, Jane Woolums, U.S. E.P.A., Chicago, IL, Peggy A. Lautenschlager, Office of the U.S. Attorney, Leslie Herje, Asst. U.S. Atty., Madison, WI, for defendant-appellee.

Before POSNER, Chief Judge, and ROVNER and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

A man's home may be his castle, but our society has come to realize that just how an individual property owner uses shared resources such as water, air, and soil affects the rest of the community. Several laws protecting these resources have been enacted, and one of them, the Clean Water Act, is designed to protect this country's dwindling wetlands, a vital part of the ecosystem that purifies the water, helps control flooding, produces...

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