EPA v. CHARLES JOHNSON GENELDA JOHNSON ETAL (FOSDICK ST)

Case summary

Defendants Charles Johnson, Francis Vaner Johnson, Genelda Johnson and Johnson Cranberries Limited Partnership discharged dredged and/or fill material into 46.1 acres of wetlands and other waters of the US without a permit under Section 404 of the Clean Water Act. The United States won motions for summary judgment in 2004 and 2005, and defendants appealed in March, 2005. While the case was on appeal, the Supreme Court issued the 2006 decision in Rapanos v. United States establishing new standards of proof to establish Clean Water Act jurisdiction. In 2007, the case was remanded to the US District Court to address the issue of Clean Water Act jurisdiction. A trial was held from April 11-25, 2012, resulting in a verdict establishing CWA jurisdiction over the wetlands and waters. Defendants and the US agreed to a consent decree in 2012, and final judgment was entered on 5/22/12.

Defendants (4)

• CHARLES JOHNSONNamed in complaintNamed in settlement
• FRANCIS VANER JOHNSONNamed in complaintNamed in settlement
• GENELDA JOHNSONNamed in complaintNamed in settlement
• JOHNSON CRANBERRIES LTD PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• FOREST/FULLER SITE

  OFF FOREST ST, CARVER, MA, 02330

  Registry ID: 110010599762

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CHARLES JOHNSON GENELDA JOHNSON ETAL (FOSDICK ST)entered 2012-05-22

  Primary law: CWA

  Federal penalty: $75,000

Timeline (6 milestones)

• 2000-03-13Referred To Dept Of Justice
• 2000-03-20Enforcement Action Data Entered
• 2001-02-26Complaint Filed With Court
• 2012-03-02Final Order Lodged
• 2012-05-22Concluded
• 2012-05-22Final Order Entered