United States of America,plaintiff-Appellant v. Jamie John Hagberg, Opinion

TROTT, Circuit Judge:

The United States appeals the district court’s dismissal of an indictment charging Jamie John Hagberg (“Hagberg”) with “knowingly disposing] of domestic septage on a public contact site” in violation of 33 U.S.C. §§ 1345(e) and 1319(c)(2). The district court dismissed the indictment based on its conclusion that the substance Hag-berg allegedly dumped was not “sewage sludge,” as defined by 40 C.F.R. Part 503. The United States argues that the district court misapplied the regulatory definitions relevant to the actions charged in the indictment, and thus erred in dismissing…