United States v. Gerke Excavating, Inc.

POSNER, Circuit Judge.

This suit charges that the defendant violated the Clean Water Act by discharging pollutants into navigable waters from “point sources” without the permit from the Corps of Engineers that is required when the pollutant consists of dredge or fill material (otherwise the permit must be sought from the EPA or, in some cases, a state). 33 U.S.C. §§ 1311(a), 1362(12). The district judge granted summary judgment for the government and imposed a civil penalty of $55,000 on the defendant.

The Clean Water Act defines “navigable waters” as “waters of the United States.” Id. §…