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U.S. v. LARKINS

No. 84-0044-P(J).

657 F.Supp. 76 (1987)

UNITED STATES of America, Plaintiff, v. Thomas R. LARKINS and Herbert M. Larkins, Defendants.

United States District Court, W.D. Kentucky, Paducah Division.

January 16, 1987.

Attorney(s) appearing for the Case

David E. Dearing, Environmental Defense Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

J. William Phillips, Murray, Ky., for defendants.

MEMORANDUM OPINION

JOHNSTONE, Chief Judge.

This action arises out of alleged violations of Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. § 1311(a), which prohibits the discharge of pollutants into "navigable waters"—defined as the "waters of the United States" and including adjacent freshwater wetlands1—unless authorized by permit issued by the Army Corps of Engineers (Corps) pursuant to Section 404...

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