EPA v. NELSON FAMILY FARM

Case summary

08/07/2024: Negotiated settlement. Consent Decree requires $150,000 civil penalty and wetland restoration/preservation. CD Mod filed 10/30/2023. 08/05/2024: Need to add CD Mod to EPIC, case summary to follow. CD Mod filed 10/30/2023. On January 24, 2020, the District Court for the District of Vermont entered the Consent Decree in U.S. v. Nelson Farms, Inc. et al. The Consent Decree resolves claims against Nelson Farms, Inc., and Douglas Nelson, Sr., for violations of Sections 301 and 404 of the Clean Water Act at an agricultural site in Coventry, Vermont. The violations occurred between 2009 and 2012 and arose from activities undertaken by Defendants to convert forested freshwater wetlands to corn fields and to channelize a perennial tributary to the navigable Black River. The Consent Decree provides for a civil penalty of $150,000 and requires restoration/mitigation of approximately 102.7 wetland acres, restoration of the impacted tributary, and the establishment of enforceable conservation easements to permanently protect all acreage subject to the Consent Decree. Between 2010 and 2013, Defendants discharged dredged and/or fill material (stumps and soil) into approximately 104 acres of wetlands and a stream on a farm in Coventry, Vermont in order to comvert wetlands to cornfields.

Defendants (1)

• DOUG NELSONNamed in complaintNamed in settlement

Facilities (1)

• DOUG NELSON

  COVENTRY STATION ROAD, COVENTRY, VT, 05825

  Registry ID: 110054095938

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (2)

• NELSON FAMILY FARMentered 2023-10-30

  Primary law: CWA

• NELSON FAMILY FARMentered 2020-01-24

  Primary law: CWA

  Federal penalty: $150,000

Timeline (5 milestones)

• 2012-12-10Enforcement Action Data Entered
• 2013-09-30Referred To Dept Of Justice
• 2016-12-05Complaint Filed With Court
• 2023-10-30Final Order Entered
• 2023-10-30Final Order Lodged