EPA v. NELSON FARMS

Case summary

On November 23, 2020, EPA finalized an Administrative Order on Consent (AOC) with Nelson Farms, a dairy farm in Irasburg, Vermont, and Douglas Nelson, Sr. The AOC resolves violations of Section 301(a) of the Clean Water Act (CWA) for the unpermitted discharge of fill material into jurisdictional wetlands that occurred between 2011 and 2016. Under the AOC, Respondents agree to restore 20 acres of forested wetlands and restore a tributary of the Black River to its pre-disturbance condition. They also agree to implement Best Management Practices to address substantial erosion impacting two other tributaries to the Black River on their property. Lastly, Respondents agree to place 17 acres of wetlands on their property along the Black River into an enforceable conservation easement as compensatory mitigation.

Defendants (2)

• Doug Nelson Sr.Named in complaintNamed in settlement
• Nelson Farms, Inc.Named in complaintNamed in settlement

Facilities (1)

• NELSON FARMS

  2742 VT-14, IRASBURG, VT, 05845

  Registry ID: 110070254292

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• NELSON FARMSentered 2020-11-23

  Primary law: CWA

Timeline (3 milestones)

• 2020-11-23Complaint Filed/Proposed Order
• 2020-11-23Final Order Issued
• 2020-12-01Enforcement Action Data Entered