United States First Circuit

Defendant cranberry farmers' target sites are subject to jurisdiction under the Clean Water Act, since they inseparably bound up with the navigable-in-fact Weweantic River because of the uncontested fact that there is a hydrological connection -- through a tributary system and its adjacent wetlands -- linking them together.

Appellate Information

• Decided 02/13/2006
• Published 02/13/2006

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Malcolm Reed Hopper, with whom Gregory T. Broderick was on brief for appellants.


• For Appellees:
  
• John L. Smeltzer, with whom Kelly A. Johnson, Acting Assistant Attorney General and Ellen Durkee, Attorney, Department of Justice Environment & Natural Resources Division, were on brief for appellee.