No. 19-10074.

989 F.3d 1088 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. James Philip LUCERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2021.

Attorney(s) appearing for the Case

Angela M. Hansen (argued) and Robin Packel (argued), Assistant Federal Public Defenders; Steven G. Kalar , Federal Public Defender; Office of the Federal Public Defender, Oakland, California; for Defendant-Appellant.

David Gunter (argued) and John L. Smeltzer , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellee.

Norman D. James , Fennemore Craig P.C., Phoenix, Arizona; Thomas J. Ward , National Association of Home Builders, Washington, D.C.; for Amicus Curiae National Association of Home Builders.

Anthony L. François and Jonathan Wood , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Chantell and Michael Sackett, Duarte Nursery Inc., John Duarte, Roger J. Lapant Jr., Oregon Cattlemen's Association, and Washington Cattlemen's Association.

Partial Concurrence and Partial Dissent by Judge Bade.


Most Americans would be surprised to learn that dry land might be treated as "navigable waters" under the Clean Water Act. Yet that's just the oddity we face here. James Lucero orchestrated a scheme charging construction companies to dump dirt and debris on lands near the San Francisco Bay. As it turns out...

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