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FAIRHURST v. HAGENER

No. 04-35366.

422 F.3d 1146 (2005)

William FAIRHURST, Plaintiff-Appellant, v. Jeff HAGENER, Director, Montana Department of Fish, Wildlife & Parks, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.

Attorney(s) appearing for the Case

Alan L. Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena, MT, for the appellant.

Rebecca J. Dockter, Montana Department of Fish, Wildlife & Parks, Helena, MT, for the appellee.

Before: THOMPSON, T.G. NELSON, and WARDLAW, Circuit Judges.

PER CURIAM:

William Fairhurst appeals the district court's grant of summary judgment in favor of Jeff Hagener, director of the Montana Department of Fish, Wildlife and Parks ("Department"). We hold that a pesticide applied to a river pursuant to an intentional scheme aimed at eliminating pestilent fish species is not a "pollutant" for the purposes of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387, and thus not subject to the Act's permit requirements...

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