Search
  • Mark Ryan

Interesting New Criminal WOTUS Case

The Circuit Courts see a lot of criminal appeals. Most are hail Mary's and most are unsuccessful. This one is different. The defendant pled guilty to dumping 3000 gallons of diesel fuel on the ground that went into a storm drain and then into the creek, which connected up to a downstream TNW. But the government did not prove up and the court made no finding on significant nexus, which the 11th Cir. called error. This is a reminde to mind your p's and q's when arguing WOTUS cases.


United States v. Coleman, 2020 WL 7244923 (11th Cir. 2020) (unpublished) (remanding criminal plea agreement in case where defendant intentionally dumped 3,000 gallons of diesel fuel onto ground that entered creek via a storm drain and eventually a TNW; held that the government failed to establish a significant nexus between the creek and the TNW; “Simply put, the factual basis for Coleman’s conviction was lacking.”)



If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

37 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed