EPA v. BRIDGEVIEW JOINT VENTURE

Case summary

I. SYNOPSIS OF CASE BRIDGEVIEW JOINT VENTURE, BRIDGEVIEW ASSOCIATES LIMITED PARTNERSHIP, BRIDGEVIEW SIMON, INC. AND MELVIN SIMON AND ASSOCIATES, INC. ( DEFENDANTS ) ARE INDIANA PARTNERSHIPS AND CORPORATIONS LOCATED MERCHANTS PLAZA IN INDIANAPOLIS, INDIANA. MELVIN SIMOM AND ASSOCIATES, INC. ( MSA ) IS THE DEVELOPMENT COMPANY WHICH DEVELOPED THE MALL OF AMERICA LOCATED IN BLOOMINGTON, MINNESOTA, WHICH IS THE LARGEST ENCLOSED MALL IN THE UNITED STATES. IRONICALLY, MSA'S CHAIRMAN, MELVIN SIMON, WAS A MEMBER OF THE NATIONAL WETLANDS POLICY FORUM, FORMED IN THE SUMMER OF 1987, AT THE REQUEST OF U. S. EPA. ATTACHMENT 1. THE FORUM'S FINAL REPORT ENTITLED, PROTECTING AMERICA'S WETLANDS: AN ACTION AGENDA, SPAWNED THE OFT CITED GOAL OF NO OVERALL NET LOSS OF THE NATION'S REMAINING WETLANDS BASE; THE VIOLATIONS IN THIS CASE WERE CAUSED BY THE DEVELOPMENT ACTIVITIES OF DEFENDANTS, AND THEREFORE, THE DEFENDANTS ARE LIABLE AS AN OPERATOR AT THE VIOLATIONS SITES. IN ADDITION, DEFENDANTS OWN THE SITES UPON WHICH THE VIOLATIONS TOOK PLACE. THIS IS A CLEAN WATER ACT ( ACT ) SECTION 404 CASE, 33 U.S.C. SECTION 1344. SECTION 301 OF THE ACT, 33 U.S.C. SECTION 1321, PROHIBITS FILLING A WETLAND WITH OUT A SECTION 404 PERMIT, DEFENDANTS HAD PLANNED THE DEVELOPMENT OF A SHOPPING CENTER ON AN APPROXIMATELY 56 ACRE PARCEL, IN TWO PHASES, PHASE I (37 ACRES) AND PHASE II (19 ACRES). THE TWO PHASES ARE CONTIGUOUS ( SEE LOCATION MAPS, NEXT PAGES). ROUGHLY FOUR (4) ACRES OF THE PHASE I AREA, IN WHICH THE FILL OCCURRED, WAS WETLANDS. SIXTEEN (16) ACRES OF THE PHASE II SITE ARE ALSO RECEIVED THE DISCHARGE OF FILL MATERIAL (SEE SECTION IV.B. OF THIS REPORT). FURTHER, THE WETLANDS ON THE SITE QUALIFY AS JURISDICTIONAL NAVIGABLE WATERS, OR WATERS OF THE UNITED STATES ' AS DEFINED AT SECTION 502 (7) OF THE ACT, U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 230.3(S). DEFENDANTS VIOLATED SECTION 301 OF THE ACT, 33 U.S.C. SECTION 1311, BY THEIR FAILURE TO APPLY FOR AND RECEIVE A SECTION 404 PERMIT PRIOR TO DISCHARGING FILL MATERIAL INTO THE WETLANDS, AS EXPLAINED IN FURTHER DETAIL BELOW. IN THE SUMMER OF 1987, DEFENDANTS BEGAN CONSTRUCTION OF BRIDGEVIEW COURT LOCATED BETWEEN 77TH AND 79TH STREETS ON HARLEM AVENUE IN

Defendants (4)

• BRIDGEVIEW JOINT VENTURENamed in complaintNamed in settlement
• BRIDGEVIEW ASSOCIATES LIMITED PARTNERSHPNamed in complaintNamed in settlement
• BRIDGEVIEW SIMON, INC.Named in complaintNamed in settlement
• MELVIN SIMON AND ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• BRIDGEVIEW COURT

  75 & 79TH ST. ON HARLEM AVE, BRIDGEVIEW, IL, 00000

  Registry ID: 110010728203

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BRIDGEVIEW JOINT VENTUREentered 1996-02-26

  Primary law: CWA

  Federal penalty: $170,000

Timeline (6 milestones)

• 1990-01-15Enforcement Action Data Entered
• 1993-09-27Referred To Dept Of Justice
• 1994-05-23Complaint Filed With Court
• 1996-02-26Final Order Lodged
• 1996-02-26Final Order Entered
• 1996-02-26Concluded