United States v. Gerke Excavating, Inc.

This suit charges that the defendant, Gerke Excavating, violated the Clean Water Act by discharging pollutants into “navigable waters” from “point sources” without having obtained the permit from the Corps of Engineers that is required if the pollutant consists of dredge or fill material. 33 U.S.C. §§ 1311(a), 1362(12). The district judge granted summary judgment for the government and imposed a civil penalty. We affirmed. 412 F.3d 804 (7th Cir.2005). Gerke filed a petition for certiorari. The Court granted the petition, - U.S. -, 126 S.Ct. 2964, - L.Ed.2d - (2006), and remanded the case to…