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BRICKS, INC. v. U.S. E.P.A.

No. 05-1125.

426 F.3d 918 (2005)

BRICKS, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 2005.

Attorney(s) appearing for the Case

Sheila H. Deely (argued), Gardner, Carton & Douglas, Chicago, IL, for Petitioner.

Bharat Mathur, Environmental Protection Agency Region 5, Office of the Regional Counsel, Chicago, IL, Tara S. McBrien (argued), Department of Justice Environmental Defense Section, Washington, DC, for Respondent.

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

FLAUM, Chief Judge.

In July 2000, Environmental Protection Agency Region 5 ("the EPA") filed a complaint against Bricks, Inc. ("Bricks"), alleging that Bricks violated the Clean Water Act, 33 U.S.C. §§ 1251 et seq. ("CWA"), by discharging dredge and fill material into wetlands without a section 404(a) permit, 33 U.S.C. § 1344. The EPA assessed class II civil penalties against Bricks, pursuant to section 309(g) of the CWA. 33 U.S.C. § 1319...

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