United States Ninth Circuit

Conviction for violating the Clean Water Act is affirmed where: 1) the evidence supported the determination that the body of water in question constituted a water of the US and that defendant discharged pollutants into it; 2) defendant's actions were not exempt; and 3) the actions were not taken pursuant to Nationwide Permit No. 3.

Appellate Information

• Argued 07/10/2007
• Decided 08/03/2007
• Published 08/03/2007

Judges

• FERNANDEZ, Circuit Judge:, Before:  FERDINAND F. FERNANDEZ and KIM McLANE WARDLAW, Circuit Judges, and LOUIS H. POLLAK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Blake S. Atkin, Atkin Law Offices, P.C., Salt Lake City, UT, for the defendant-appellant., Matthew J. McKeown, Acting Assistant Attorney General, and Katherine W. Hazard, United States Department of Justice, Washington, DC, for the plaintiff-appellee.