United States of America v. Roberts

Filing 300

ORDER denying 281 Motion to Certify Questions to the United States Court of Appeals on Interlocutory Appeal. Signed by District Judge Kevin H. Sharp on 11/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE

UNITED STATES OF AMERICA,
Plaintiff,
v.
RICHARDSON M. ROBERTS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No: 3:09-cv-0812
Judge Sharp
Magistrate Judge Brown

MOTION TO CERTIFY QUESTIONS TO
THE UNITED STATES COURT OF APPEALS
ON INTERLOCUTORY APPEAL
Richardson M. Roberts (“Mr. Roberts”) and Bucksnort RR Ranch LLC
(“Ranch”) (collectively referred to as “Defendants”) move for permissive
interlocutory appeal, pursuant to 42 U.S.C. § 1292(b), seeking that this Court
should certify these three questions to the United States Court of Appeals for the
Sixth Circuit:
1. Is the attempt by the United States of America to enforce Section 404 of
the Clean Water Act according to two disparate definitions of “navigable
waters” unconstitutionally vague as applied to this Defendant?
2. What is the definition of “navigable waters” in Section 404?
3. What is the definition of a “farm pond” in Section 404?
With the greatest respect for this Court, the Defendants base this motion on this
Court’s order of September 30, 2013, (Docket No. 266) in which this Court

1