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U.S. v. KRILICH

No. 01-2746.

303 F.3d 784 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Robert R. KRILICH, Krilich Companies, Inc., Riverwoods Development Corp., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 2002.

Attorney(s) appearing for the Case

Ethan G. Shenkman (argued), DOJ, Environment & Natural Resources Div., Washington, DC, Thomas P. Walsh, Office of the U.S. Atty., Civ. Div., Chicago, IL, for Plaintiff-Appellee.

Javier H. Rubinstein (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, For Defendants-Appellants.

Before COFFEY, MANION, and EVANS, Circuit Judges.

MANION, Circuit Judge.

In 1992, the EPA sued Robert Krilich and several corporations he controlled, alleging violations of the Clean Water Act. The parties entered into a Consent Decree resolving the case. However, after the Supreme Court held that the Army Corps of Engineers exceeded its authority in extending the definition of "navigable waters" under the Clean Water Act to include intrastate waters used by migratory birds, Krilich moved the district court to vacate...

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