EPA v. Pala Band of Mission Indians
Final Order With Penalty
Case summary
This is a Civil Judicial Referral pursuant to Section 404 of the Clean Water Act asking the Department of Justice to bring an action against the Pala Band of Mission Indians for unauthorized aggregate mining and levee construction within the San Luis Rey River. Evidence indicates that between 1997 and 2000, the Tribe, in conjunction with a casino developer named Jerry Turk, directed the mining and levee construction activities performed by Brown Bulk Transportation and Valley Materials Corporation. Mining activities resulted in the excavation of an 18 acre pit within the main channel of the river measuring 250 feet by 450 feet. In addition, a large levee (earthen dam) was constructed perpendicular to the main channel along the Pala Creek tributary (presumably to protect the new gaming casino from flooding). The unauthorized activities adversely affected riverine processes, accelerated erosion and sedimentation, caused the river to change course from a southerly channel to a northerly channel, created a risk of flood damage to the new gaming casino (and possibly non-tribal infrastructure), and destroyed aquatic habitat occupied by the federally-listed arroyo southwestern toad. NOTE: This action is related to an earlier referral involving Brown Bulk Transportation Inc. (09-2002-0139), but is sufficiently distinct in the underlying facts and jurisdictional issues (action against a tribe), that it is being brought as a stand-alone action (separate complaint and resolution)
Defendants (1)
- Pala Band of Mission IndiansNamed in complaintNamed in settlement
Facilities (1)
BROWN BULK TRANSPORTATION (AGGREGATE MINING SITE)
SAN LUIS REY RIVER ON PALA INDIAN RES NEAR HWY 76, PALA, CA, 92059
Registry ID: 110012223094
Statutes cited
- CWA 404 — Permits for Dredge and Fill Material
Enforcement conclusions (1)
Pala Band of Mission Indiansentered 2007-01-09
Primary law: CWA
Federal penalty: $370,000
Timeline (6 milestones)
- 2004-08-03Referred To Dept Of Justice
- 2004-10-05Enforcement Action Data Entered
- 2007-01-09Final Order Entered
- 2007-01-09Enforcement Action Closed
- 2007-01-09Final Order Lodged
- 2007-01-09Complaint Filed With Court
Case metadata
- EPA activity ID
- 130449
- Case number
- 09-2004-0369
- Lead agency
- EPA
- EPA region
- 09
- Voluntary self-disclosure
- No
- Primary statute
- Permits for Dredge and Fill Material
Sourced verbatim from EPA ECHO Enforcement Case Report for case 09-2004-0369 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.