ELR Citation: ELR 20041
No(s). 06-60289 (5th Cir. Feb 1, 2008)

The Fifth Circuit upheld an individual's convictions for Clean Water Act (CWA) violations, mail fraud, and conspiracy. The case arose after the individual sold house lots and designed and certified septic systems on wetlands but represented the lots as dry. The septic systems on the lots failed, causing waste discharges. The jury instructions for finding that the property at issue was subject to CWA jurisdiction were proper, and the evidence supports the jury's finding that the CWA did apply. The indictment and the jury instructions regarding the CWA's national pollutant discharge eliminination system permitting requirements were also proper. Similarly, sufficient evidence supported the convictions for mail fraud and conspiracy.