United States v. Acquest Transit, LLC, No. 09-CV-055S, 2009 U.S. Dist. LEXIS 60337 (W.D. N.Y. Jul. 15, 2009)

(government entitled to injunction barring defendant from placing additional fill or performing any additional earthmoving work on subject property; plaintiff discharged dredged spoil, rock, sand and dirt (which are within the CWA's definition of "pollutant"), into regulable wetlands under either standard espoused in Rapanos, without a permit; activity not within exemption for "normal farming activities" because farming activity not ongoing and modifications to hydrological regime necessary to resume farming practices and some areas had been converted to other uses).

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