UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph David ROBERTSON, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 29, 2017 Seattle, Washington.
Filed November 27, 2017.
Attorney(s) appearing for the Case
Michael Donahoe (argued), Deputy Federal Public Defender; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Helena, Montana; for Defendant-Appellant.
Roger I. Roots , Livingston, Montana, for Amici Curiae The Constitution Society and Founder and President Jon Roland.
Anthony L. François , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Chantell and Michael Sackett, John Duarte, and Duarte Nursery Inc.
Before: M. Margaret McKeown and Ronald M. Gould, Circuit Judges, and Barbara Jacobs Rothstein, District Judge.
OPINION
GOULD, Circuit Judge:
Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged...
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