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Thursday, August 15, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today, plus interesting CWA shield decision from Wisconsin

In UNITED STATES OF AMERICA v. JAMES A. SIMON (ND Ind., Miller), a 38-page opinion, Judge Rovner writes:

A jury convicted James A. Simon of filing false income tax returns, failing to file reports of foreign bank accounts, mail fraud and financial aid fraud. He challenges the legal basis for his convictions on failing to file reports of foreign bank accounts and also contests the district court’s decision to limit the evidence he could present in his defense on the false income tax return counts. He also contends that the court erred in its rulings on jury instructions, and he maintains that a reversal on some counts necessarily requires reversal on other counts. We affirm.
In WISCONSIN RESOURCES PROTECTION COUNCIL, ET AL. v. FLAMBEAU MINING COMPANY (WD Wis.), a 21-page opinion, Judge Ripple writes:
The Wisconsin Resources Protection Council, the Center for Biological Diversity and Laura Gauger (collectively the “plaintiffs”) brought this action under the Clean Water Act’s (“CWA” or “the Act”) citizen‐suit provision, 33 U.S.C. § 1365(a)(1), alleging that Flambeau Mining Company (“Flambeau”) violated the CWA by discharging pollutants without a permit. The district court denied Flambeau’s motion for summary judgment, holding that Flambeau was not protected by the CWA’s permit shield provision, id. § 1342(k). After a bench trial, the district court determined that Flambeau had violated the CWA and assessed penalties against Flambeau. Because the CWA’s permit shield applies, we reverse the judgment of the district court.

Posted by Marcia Oddi on August 15, 2013 03:56 PM
Posted to Ind. (7th Cir.) Decisions