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U.S. v. RUETH DEVELOPMENT CO.

No. 02-2045.

335 F.3d 598 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. RUETH DEVELOPMENT CO. and Harold G. Rueth, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 2003.

Attorney(s) appearing for the Case

Katherine W. Hazard (argued), Dept. of Justice Environment & Natural Resources Div., Washington, DC, for Plaintiff-Appellant.

Brian E. Casey (argued), Barnes & Thornburg, South Bend, IN, for Defendant-Appellants.

Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.

FLAUM, Chief Judge.

In 1996 the United States sued the Rueth Development Company and Harold Rueth (collectively "Rueth") under the Clean Water Act, 33 U.S.C. § 1251 et seq. ("CWA" or "the Act"), for failure to obtain a permit before discharging dredged or fill material into four acres of wetlands located in Dyer, Indiana. Rueth chose to settle the suit and entered into a consent decree that required him to restore the wetlands by specified dates. When...

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