EPA v. BAYOU MARCUS

Case summary

IN JULY, 1985, BAYOU MARCUS LIVESTOCK AND AGRICULTURAL COMPANY PURCHASED TWO TRACTS OF PROPERTY, COMPRISING APPROXIMATELY 872 ACRES, ADJACENT TO PERDIDO BAY IN PENSACOLA, FLORIDA. THE PROPERTY CONTAINED EXTENSIVE FORESTED WETLANDS AND OTHER WATERS OF THE UNITED STATES. SOMETIME AFTER PROPERTY ACQUISITION, BAYOU MARCUS BEGAN TO PREPARE THE PROPERTY FOR USE IN A SILVICULTURE OPERATION. ROADS WERE CONSTRUCTED TO PROVIDE ACCESS FOR TRUCKS TO LOG THE PROPERTY. THIS CONSTRUCTION WAS ACCOMPLISHED BY EXCAVATING DITCHES AND USING THE SIDECAST AS FILL MATERIAL FOR THE ROADS. THE TIMBER WAS THEN REMOVED AND THE LAND WAS CLEARED TO FACILITATE CONVERSION OF THE PROPERTY TO A PINE PLANTATION.

Defendants (6)

• BAYOU MARCUS LIVESTOCK & AGRI. CO.Named in complaintNamed in settlement
• CAPP, ROBERTNamed in complaintNamed in settlement
• HANA INVESTMENT CO.Named in complaintNamed in settlement
• NESS, KENNETHNamed in complaintNamed in settlement
• THE COLONY BAYOU MARCUS CORPORATIONNamed in complaintNamed in settlement
• VICTOR, S.Named in complaintNamed in settlement

Facilities (1)

• BAYOU MARCUS LIVESTOCK & AGRICULTURAL CO

  SECT 8 TOWNSHIP 2 S RANGE 31 W, PENSACOLA, FL, 32502

  Registry ID: 110010584527

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BAYOU MARCUSentered 1991-01-23

  Primary law: CWA

Timeline (7 milestones)

• 1988-03-30Enforcement Action Data Entered
• 1990-11-08Referred To Dept Of Justice
• 1991-01-23Final Order Lodged
• 1991-01-23Concluded
• 1991-01-23Final Order Entered
• 1991-01-23Complaint Filed With Court
• 1991-12-31Enforcement Action Closed