United States v. Joseph A. Boccanfuso

OAKES, Chief Judge:

This appeal involves the question whether the Government is estopped from asserting a claim against a landowner for a violation of the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (1982 & Supp. V 1987) (“the Act”). The landowner, Joseph Boccanfuso, placed fill and constructed a seawall in waters of the United States without a section 404 permit, see id. § 1344, from the Army Corps of Engineers (“the Corps”). See id. § 1311(a). The United States District Court for the District of Connecticut, T.F. Gilroy Daly, Judge, held that although the seawall and fill violated the Act,…