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U.S. v. DONOVAN

No. 10-4295.

661 F.3d 174 (2011)

UNITED STATES of America v. David H. DONOVAN, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 31, 2011.

Attorney(s) appearing for the Case

Richard A. Barkasy, Esq. , Schnader Harrison Segal & Lewis, Pittsburgh, PA, Marieke T. Beck-Coon, Esq. , Stephen A. Fogdall, Esq . [argued], Schnader Harrison Segal & Lewis, Philadelphia, PA, Counsel for Appellant.

Katherine J. Barton, Esq . [argued], United States Department of Justice, Environment & Natural Resources Division, Kent E. Hanson, Esq. , United States Department of Justice, Environmental Defense Section, Washington, DC, Patricia C. Hannigan, Esq. , Assistant U.S. Attorney, Office of United States Attorney, Wilmington, DE, Counsel for Appellee.

Before: RENDELL, SMITH and FISHER, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

David H. Donovan added fill material to a portion of his property in New Castle County, Delaware that the United States contends is "wetlands" subject to the Clean Water Act ("CWA" or "Act"). The Government brought an enforcement proceeding against him under the Act to force him to remove the fill and pay a fine. Donovan argued that his property is not covered by the...

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