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U.S. v. GERKE EXCAVATING, INC.

No. 04-3941.

412 F.3d 804 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. GERKE EXCAVATING, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 2005.

Rehearing and Rehearing Denied August 17, 2005.

Attorney(s) appearing for the Case

Katherine W. Hazard (argued), Department of Justice, Washington, DC, for Plaintiff-Appellee.

Gregory T. Broderick (argued), Pacific Legal Foundation, Sacramento, CA, for Defendant-Appellant.

Before POSNER, EASTERBROOK, and EVANS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 17, 2005.

POSNER, Circuit Judge.

This suit charges that the defendant violated the Clean Water Act by discharging pollutants into navigable waters from "point sources" without the permit from the Corps of Engineers that is required when the pollutant consists of dredge or fill material (otherwise the permit must be sought from the EPA or, in some cases, a state). 33 U.S.C. §§ 1311(a), 1362(12). The district...

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