United States Seventh Circuit

A trier of fact could reasonably conclude that the purpose of drawing down the water in the supply pond was not to perform maintenance on either the pump or the dam, but rather was to dredge the supply pond without a permit, in violation of Clean Water Act section 404. Summary judgment for defendants is reversed and remanded.

Appellate Information

• Argued 12/09/2002
• Decided 03/19/2004
• Published 03/19/2004

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Neal Lewis (argued), Lewis & Associates, Orland, IN, Eric C. Lewis, Muskegon, MI, for Plaintiffs-Appellants.


• For Appellees:
  
• Amy E. McDonnell (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.