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U.S. v. CUNDIFF

No. CIV.A. 4:01CV-6-M.

480 F.Supp.2d 940 (2007)

UNITED STATES of America Plaintiff v. George Rudy CUNDIFF and Christopher Seth Cundiff Defendants.

United States District Court, W.D. Kentucky, Owensboro Division.

March 29, 2007.

Attorney(s) appearing for the Case

Benjamin Seth Schecter, U.S. Attorney Office, Louisville, KY, David Fishback, David M. Thompson, Ina L. Strichartz, J. Patrick Glynn, John C. Cruden, Lois J. Schiffer, Norman L. Rave, Jr., Paul Cirino, Stuart E. Schiffer, U.S. Department of Justice — Environmental Torts, Ben Franklin Station, Washington, DC, Paul Schwartz, United States EPA-REGION IV, Atlanta, GA, for Plaintiff.

Leslie E. Nunn, Leslie E. Nunn, P.C., Cnythiana, IN, for Defendants.

MEMORANDUM OPINION

McKINLEY, District Judge.

This matter is before the Court for a determination of whether the wetlands at issue in this litigation constitute "waters of the United States" under the Clean Water Act. On January 25,2007, the Court conducted an evidentiary hearing on this issue. The parties, have filed post-hearing briefs [DN 170, DN 171]. Fully briefed and argued, this matter is ripe for decision.

I. BACKGROUND

This...

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