United States v. Peterson

GRUENDER, Circuit Judge.

Alvin Peterson (“Peterson”) was charged with two Class B misdemeanor violations for draining wetlands on property encumbered by a federal wetlands easement, in violation of 16 U.S.C. § 668dd(c), (f)(2). The first violation — number W0900741 — alleges Peterson drained wetlands 8, 5, and 8, subject to Walsh County Easement 124X-1-3, on the west 1/2 of Section 15, Township 156N, Range 59W (“Section 15”). The second violation— number W0900742 — alleges Peterson drained wetland 2, subject to Walsh County Easement 56X-2, on the north 1/2, southeast 1/4 of Section 16,…