EPA v. CHAMELEON, LLC

Case summary

Chameleon, LLC ( Chameleon ) owns property located at 10426 Ashcake Road, Ashland, Virginia 23005 ( Property ). The company's principal, Gary Layne, has continued to conduct grubbing, draining, and clearing on the 102-acre property, without a Section 404 Clean Water Act ( CWA ) permit, since at least January 2019. EPA has been unsuccessful in obtaining voluntary access to inspect the Property and has not received an adequate response to multiple information request letters. On February 4, 2021, the Region sent a Referral to the Department of Justice ( DOJ ), seeking assistance in obtaining from an administrative warrant for access to conduct an inspection, so that EPA can evaluate Mr. Layne and Chameleon's compliance with Section 404 of the CWA. On March 12, 2021, the U.S. Attorney's Office filed a Warrant Application in the United States District Court for the Eastern District of Virginia, and on March 15, 2021, the Court issued an Administrative Warrant requiring Chameleon and Mr. Layne to provide EPA inspectors access to conduct a wetlands inspection, between April 6 and May 31, 2021. EPA has been working in coordination with VADEQ and the Army Corps of Engineers on this matter as those agencies also had difficulty obtaining responses from the landowners.

Defendants (2)

• GARY LAYNENamed in complaintNamed in settlement
• CHAMELEON LLCNamed in complaintNamed in settlement

Facilities (1)

• CHAMELEON, LLC

  10426 ASHCAKE ROAD, ASHLAND, VA, 23005

  Registry ID: 110070790903

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• CHAMELEON, LLCentered 2021-03-15

  Primary law: CWA

Timeline (6 milestones)

• 2021-02-04Referred To Dept Of Justice
• 2021-02-09Enforcement Action Data Entered
• 2021-03-12Complaint Filed With Court
• 2021-03-15Final Order Lodged
• 2021-03-15Enforcement Action Closed
• 2021-03-15Final Order Entered