ELR Citation: ELR 20124
No(s). s. 03-2517 et al (1st Cir. Oct 25, 2004)

The First Circuit vacated and remanded individuals' convictions for illegally entering waters designated by the U.S. Navy as a danger zone under 18 U.S.C. §1382 during a military training exercise. The Navy's national pollutant discharge elimination system permit was valid despite being denied its application for a water quality certificate under 33 U.S.C. §401(a) since the U.S. Environmental Protection Agency did not revoke or terminate the permit until after the trespassing incident. Moreover, the citizens were properly charged for a petty offense by a magistrate judge who has authority to try and sentence individuals without their consent. Nevertheless, the lower court erred in denying the individuals an evidentiary hearing on whether the danger zone unreasonably interferes with the food fishing industry per 33 U.S.C. §3.