EPA v. COUNTY OF ELKO

Case summary

IN 1995 A FLOOD WASHED OUT A FOREST SERVICE ROAD NEXT TO THE JARBIDGE RIVER IN HUMBOLDT NATIONAL FOREST NEAR JARBIDGE, NEVADA. IN JULY OF 1998, THE COUNTY OF ELKO, NEVADA SENT A ROAD REPAIR CREW TO REBUILD THE WASHED OUT PORTION OF THE FOREST SERVICE ROAD. IN THE PROCESS OF CARRYING OUT THE REPAIRS, THE ELKO COUNTY CREW EXCAVATED A NEW CHANNEL FOR A SECTION OF THE JARBIDGE RIVER, THUS DIVERTING THE RIVER TO A NEW COURSE. THE OLD RIVER COURSE, AND THE WASHED OUT PORTION OF THE SERVICE ROAD WERE FILLED IN WITH DIRT AND ROCK. THESE ACTIONS RESULTED IN CONSIDERABLE AMOUNT OF FILL MATERIAL BEING DISCHARGED INTO THE JARBIDGE RIVER AND AN ADJACENT WETLAND. THE COUNTY OF ELKO DID NOT HAVE A PERMIT TO DIVERT THE RIVER OR TO DISCHARGE FILL. THIS REFERRAL ASKS THE DEPARTMENT OF JUSTICE TO FILE CIVIL JUDICIAL ACTION AGAINST THE COUNTY OF ELKO SEEKING BOTH PENALTIES AND AN INJUNCTIVE ORDER.

Defendants (1)

• COUNTY OF ELKONamed in complaint

Facilities (1)

• JARBIDGE RIVER DIVERSION SITE

  NEAR LAST CHANCE RD IN HUMBOLDT NATIONAL FOREST, JARBIDGE, NV, 89826

  Registry ID: 110070239063

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (3 milestones)

• 1998-09-25Referred To Dept Of Justice
• 1998-10-16Enforcement Action Data Entered
• 1999-10-06Complaint Filed With Court