ELR Citation: ELR 20011
No(s). 00-15700 (9th Cir. Aug 15, 2002)

The court first holds that deep-ripping, when undertaken in protected wetlands, can constitute a CWA §301(a) prohibited discharge of a pollutant into a wetland. Although deep-ripping redeposits materials originally present in the wetland, activities that destroy the ecology of a wetland are not imm...