Clean Water Act Conviction Affirmed
U.S. v. Hubenka, --- F.3d ----, 2006 WL 392119 (10th Cir. 2006)
10th finds that Corps of Engineers has authority to regulate D’s dike-building activities on the Wind River and to deem the river as a tributary of “navigable” waters, under the Clean Water Act, giving Chevron deference to an agency’s interpretation of the statute it administers. D properly found guilty of violating the act by “adding pollutants” to the river, since statute defines pollutants as dredged soil, rock and sand.
404(b) evidence of D’s earlier attempts to divert that same part of the river in the same direction properly admitted as evidence of “knowing” violation of the Clean Water Act.
10th finds that Corps of Engineers has authority to regulate D’s dike-building activities on the Wind River and to deem the river as a tributary of “navigable” waters, under the Clean Water Act, giving Chevron deference to an agency’s interpretation of the statute it administers. D properly found guilty of violating the act by “adding pollutants” to the river, since statute defines pollutants as dredged soil, rock and sand.
404(b) evidence of D’s earlier attempts to divert that same part of the river in the same direction properly admitted as evidence of “knowing” violation of the Clean Water Act.
posted by Anonymous at 5:12 PM
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