EPA v. EQUUS FARMS

Case summary

EQUUS IS A COLORADO CORPORATION OWNED BY TAC AND ENGAGES IN CATTLE, AGRICULTURAL AND RECREATIONAL OPERATIONS. FOLLOWING THE PURCHASE OF THE PROPERTY IN 1993, EQUUS DISCHARGED DREDGE AND FILL MATERIAL INTO 9.33 ACRES OF WETLANDS TO MAKE IMPROVEMENTS TO THE GOLF COURSE ON THE PROPERTY. EQUUS NEITHER APPLIED FOR NOR RECEIVED A PERMIT FROM COE TO DISCHARGE THE DREDGED AND FILL MATERIAL. IN MARCH 1997, EPA BEGAN DISCUSSIONS WITH EQUUS REGARDING THE INJUNCTIVE PORTION OF THE CASE. ON SEPTEMBER 8, 1997, THE PRESIDENT OF EQUUS FARMS SIGNED AN AOC AGREEING TO DEVELOP AND IMPLEMENT A RESTORATION PLAN FOR HOLES 2,8, AND 9. EQUUS SUBSEQUENTLY SUBMITTED A CONCEPTUAL PLAN TO EPA THAT DID NOT INCLUDE RESTORATION OF THE FULL 4.73 ACRES AFFECTED; EPA REJECTED THE PLAN AND, TO DATE, HAS NOT SIGNED THE AOC. COMPLAINT MUST BE FILED BY 4/30/99 PER TOLLING AGREEMENT.

Defendants (3)

• EQUUS FARMSNamed in complaintNamed in settlement
• PHILIP ANSCHUTZNamed in complaintNamed in settlement
• TACNamed in complaintNamed in settlement

Facilities (1)

• EQUUS FARMS INC

  555 17TH STREET, SUITE 2400, DENVER, CO, 80202

  Registry ID: 110012369105

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• EQUUS FARMSentered 1999-09-23

  Primary law: CWA

  Federal penalty: $625,000

Timeline (8 milestones)

• 1999-01-26Referred To Dept Of Justice
• 1999-02-02Enforcement Action Data Entered
• 1999-09-23Final Order Lodged
• 1999-09-23Final Order Entered
• 1999-09-23Complaint Filed With Court
• 1999-09-23Concluded
• 2004-08-23Enforcement Action Closed
• 2004-08-23Pipeline Closed