Taking a cue from the Supreme Court, the 9th Circuit Court of Appeals has vacated the conviction of U.S. Navy veteran Joseph D. Robertson who languished in prison for a year and a half for digging fire protection ponds near his home outside Basin, Montana, without federal permits.
Federal regulators claimed that Robertson interfered with a “navigable water” —a small ditch with a trickle of water—when he dug the ponds. The Environmental Protection Agency declared the ditch a federally protected waterway under the Clean Water Act and required a federal permit—even though his home is 40 miles from the Jefferson River, the nearest navigable waterway.
Robertson died March 18 at age 78. He used to operate a business that supplied water trucks to fire-fighting agencies. Robertson was also fined $130,000. In November 2018, he asked the Supreme Court to look at his conviction after it was upheld by the 9th Circuit.
Appeals Court Vindicates Veteran Jailed for Digging Ponds on His Property
Federal regulators claimed that Robertson interfered with a “navigable water” —a small ditch with a trickle of water—when he dug the ponds. The Environmental Protection Agency declared the ditch a federally protected waterway under the Clean Water Act and required a federal permit—even though his home is 40 miles from the Jefferson River, the nearest navigable waterway.
Robertson died March 18 at age 78. He used to operate a business that supplied water trucks to fire-fighting agencies. Robertson was also fined $130,000. In November 2018, he asked the Supreme Court to look at his conviction after it was upheld by the 9th Circuit.
Appeals Court Vindicates Veteran Jailed for Digging Ponds on His Property