EPA v. ANDREWS PROPERTY

Case summary

On August 29, 2019, Region 1 sent a direct referral to DOJ recommending commencement of a civil action for injunctive relief and civil penalties against Jeffrey Andrews, Lynn Cooke Andrews, Wesley Andrews, Colton Andrews, and Ellery Andrews (collectively 'the Andrews') in connection with the unauthorized filling of wetlands at their property in Wallingford and North Branford, Connecticut in violation of Sections 301 and 404 of the Clean Water Act. The Andrews have also failed to respond to multiple requests for access and information issued by EPA pursuant Section 308(a) of the CWA, 33 U.S.C. 1318(a). Based on EPA inspections and other available information, EPA believes that approximately ten acres of forested wetlands on the property have been cleared, stumped, grubbed, and filled between March 2010 and July 2019. The wetland filling appears to be ongoing. EPA is seeking injunctive relief in the form of wetland restoration and penalties for violations of Sections 301, 308 and 404. The U.S. Army Corps of Engineers referred the case to EPA. The Corps, State, and the Town of Wallingford have all taken enforcement measures against the Andrews (including a state court finding of contempt) and are supportive of a federal enforcement action against the Andrews. EPA previously worked with DOJ to obtain an ex parte access warrant to conduct its site inspection after the Andrews refused to provide access.

Defendants (5)

• Colton AndrewsNamed in complaint
• Ellery AndrewsNamed in complaint
• Jeffrey AndrewsNamed in complaint
• Lynn Cooke AndrewsNamed in complaint
• Wesley AndrewsNamed in complaint

Facilities (1)

• COOKE-ANDREWS RESIDENTIAL PROPERTY

  216 NORTHFORD ROAD, WALLINGFORD, CT, 06492

  Registry ID: 110070604816

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 308 — Information Request, Records, Entry
• CWA 404 — Permits for Dredge and Fill Material

Timeline (3 milestones)

• 2019-08-29Referred To Dept Of Justice
• 2019-08-30Enforcement Action Data Entered
• 2020-09-02Complaint Filed With Court