EPA v. SIMPSON TIMBER COMPANY

Case summary

SIMPSON OWNS AND OPERATES A EUCALYPTUS PLANTATION IN TEHAMA COUNTY, CALIFORNIA. SINCE 1987, SIMPSON HAS PLANTED ROUGHLY 12,000 ACRES OF EUCALYPTUS TREES AS A SOURCE FOR WOOD CHIPS AT THIS LOCATION. PRIOR TO SIMPSON'S OPERATIONS, THE TEHAMA FIBER FARM CONTAINED AN EXTENSIVE NETWORK OF VERNAL POOLS AND EPHERMERAL STREAMS. SIMPSON'S OPERATIONS HAVE EFFECTIVELY OBLITERATED THE VERNAL POOLS AND MANY OF THE STREAMS. SIMPSON'S TREE PLANTING OPERATIONS INVOLVE DEEP RIPPING THE SOIL TO PREPARE IT FOR PLANTING. DEEP RIPPING IS A FORM OF LAND CLEARING ACTIVITIES THAT EPA AND THE CORPS OF ENGINEERS HAVE DETERMINED CONSTITUTE A DISCHARGE OF DREDGED MATERIAL, AT LEAST IN SOME CIRCUMSTANCES, WHEN PERFORMED IN WATERS OF THE UNITED STATES. REGION IX HAS CONCLUDED THAT SIMPSON'S DEEP RIPPING ACTIVITIES AT THE TEHAMA FIBER FARM CONSTITUTE DISCHARGES OF DREDGED MATERIAL THAT ARE SUBJECT TO REGULATION. SIMPSON ALSO HAS DISCHARGED DREDGED OR FILL MATERIAL FOR THE CONSTRUCTION OF FARM ROADS. SIMPSON HAS NOT OBTAINED A PERMIT UNDER SECTION 404 OF THE CLEAN WATER ACT TO AUTHORIZE THESE DISCHARGES, AND THESE DISCHARGES ARE NOT EXEMPT FROM REGULATION PURSUANT TO SECTION 404(F) OF THE CLEAN WATER ACT. THE UNITED STATES HAS REACHED AN AGREEMENT IN PRINCIPLE WITH SIMPSON TO SETTLE THIS CASE. IN SETTLEMENT, SIMPSON HAS AGREED TO PAY A $30,000 CIVIL PENALTY, PERFORM SUPPLEMENTAL ENVIRONMENTAL PROJECTS VALUED AT $200,000, AND PRESERVE IN PERPETUITY OVER 3,500 ACRES OF LAND CONTAINING VERNAL POOLS AND EPHEMERAL STREAMS. THIS CASE PRESENTS POTENTIALLY PRECEDENTIAL ISSUES CONCERNING CLEAN WATER ACT JURISDICTION OVER VERNAL POOLS AND THE SCOPE OF CLEAN WATER ACT REGULATION OF AGRICULTURAL AND SILVICULTURAL ACTIVITIES. IN PARTICULAR, IF THIS CASE WAS LITIGATED, IT WOULD PRESENT NOVEL ISSUES CONCERNING THE SCOPE OF THE TULLOCH RULEMAKING, AND ITS APPLICATION TO LANDCLEARING ACTIVITIES. THE CASE COULD HAVE NATIONAL IMPACT BECAUSE THE LANDOWNER HAS OBTAINED A HIGH DEGREE OF CONGRESSIONAL INTEREST IN THE CASE AND, IN PARTICULAR, THE APPROPRIATENESS OF EPA'S ENFORCEMENT ACTIONS.

Defendants (2)

• SIMPSON REDWOOD COMPANYNamed in settlement
• SIMPSON TIMBER COMPANYNamed in settlement

Facilities (1)

• SIMPSON TIMBER CO

  22400 SOUR GRASS RD, CORNING, CA, 960219325

  Registry ID: 110010705255

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SIMPSON TIMBER COMPANY AND SIMPSON REDWOOD COMPANYentered 1997-04-28

  Primary law: CWA

  Federal penalty: $30,000

Timeline (6 milestones)

• 1995-09-29Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1996-10-28Final Order Lodged
• 1996-10-28Complaint Filed With Court
• 1997-04-28Final Order Entered
• 1997-04-28Concluded