United States Tenth Circuit

Defendant's conviction for discharging pollutants into the a river in violation of the Clean Water Act is affirmed over claims of error that defendant's activities on the river were beyond the reach of the Clean Water Act, and that the district court erred in admitting certain evidence.

Appellate Information

• Decided 02/22/2006
• Published 02/22/2006

Judges

• MURPHY, Circuit Judge., Before EBEL, McWILLIAMS and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Thomas D. Lustig, Jim Murphy and Michael A. Saul, National Wildlife Federation, Boulder, CO, filed an amici curiae brief on behalf of Northern Arapahoe Tribe, Eastern Shoshone Tribe and National Wildlife Federation.


• For Appellees:
  
• Robert R. Rogers, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Cheyenne, WY, for Defendant-Appellant., Linda S. Kato, Special Assistant United States Attorney (Matthew H. Mead, United States Attorney, John R. Green, Assistant United States Attorney, David A. Kubichek, Assistant United States Attorney, with her on the brief), for Plaintiff-Appellee.