Marshall C. Sasser v. The Administrator, United States Environmental Protection Agency

OPINION

BUTZNER, Senior Circuit Judge:

The primary issue in this petition for review is whether a person who is charged in an administrative complaint with discharging pollutants into the waters of the United States is entitled to be tried by a jury. Dr. Marshall C. Sasser seeks to set aside a final order of the Administrator of the Environmental Protection Agency assessing Class II penalties for reimpounding freshwater tidal wetlands without a permit. 33 U.S.C. § 1311(a). Dr. Sasser complains that the Administrator lacked subject matter jurisdiction over his case, that the administrative…