United States Sixth Circuit

In a suit by the United States against property owners alleging violation of the Clean Water Act through the defendants' modifications of wetlands, summary judgment for plaintiff is affirmed where: 1) the Act conferred jurisdiction over the action since both tests outlined in Rapanos v. US, 547 U.S. 715 (2006) concerning the statutory definition of "waters of the United States" were met; 2) the district court properly granted summary judgment since the government satisfied its prima facie case against defendants by proving all five required elements of the alleged violation; 3) the district court did not err in entering a remediation order; and 4) defendants' counterclaims failed as a matter of law.

Appellate Information

• Decided 02/04/2009
• Published 02/04/2009

Judges

• Before MARTIN and McKEAGUE, Circuit Judges;  COLLIER, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Leslie E. Nunn, Leslie E. Nunn, P.C., Cynthiana, Indiana, for Appellants.  Jennifer Scheller Neumann, David Fishback, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Leslie E. Nunn, Leslie E. Nunn, P.C., Cynthiana, Indiana, for Appellants.  Jennifer Scheller Neumann, David Fishback, Ellen J. Durkee, United States Department of Justice, Washington, D.C., for Appellee.  James Graham Murphy, National Wildlife Federation, Montpelier, Vermont, for Amicus Curiae.