On Monday, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who:
discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary of the Boulder River, which in turn is a tributary of the Jefferson River—a traditionally navigable water of the United States.
This somewhat attenuated connection to a “traditionally navigable water” put the case in the crosshairs of those seeking to narrow the definition of “Waters of the United States.” Robertson appealed on two grounds relevant to this larger debate. … More