EPA v. BRASSEY, JON

Case summary

NATURE OF THE CASE: THE US IS SUEING JON BRASSEY FOR DISCHARGING DREDGE & FILL MATERIAL INTO WETLANDS W/O A CWA PERMIT. TRIAL WAS HELD 7/20-22/82, IN BOISE, ID. POST-TRIAL BRIEFING WILL BE COMPLETED ON 9/30/82, W/THE COURT'S DECISION TO FOLLOW . THE DEF IS A LARGE LANDOWNER & LAND DEVELOPER W/EXTEN- SIVE HOLDINGS NEAR PLACERVILLE, ID. THE AREA IN QUESTION, COMPRISING APPROX 37 AREAS, IS OWNED BY THE DEF & IS SUR- ROUNDED BY RESIDENTIAL SUBDIVISIONS HE HAS DEVELOPED & SOLD TO MANY INDIVIDUALS. THE WETLANDS AREA IS LOCATED IN A MOUNTAIN MEADOW & LIES ADJACENT TO A CREEK WHOSE WATERS EVENTUALLY REACH THE BOISE RIVER. THE WETLANDS & THE VEG- ETATION ON IT ARE PART OF THE NATION'S NAVIGABLE WATERS FOR PURPOSES OF THE CWA. THE FACTS OF THE DEF'S CONDUCT ARE UNCONTESTED. BY 7/79 MR. BRASSEY WAS DIGGING & ENLARGING DITCHES, CUTTING & DESTROYING VEGETATION, USING EARTH MOVING EQUIPMENT TO SPREAD FILL & WAS GENERALLY MAKING MAJOR PHYSICAL CHANGES TO THE WETLANDS AREA. THESE ACTIVITIES CONTINUED INTO 1981. RESTORATION OF THE AREA TO ITS ORIGINAL CONDITION WILL BE EXPENSIVE & DIFFICULT. NEVERTHELESS, ALONG W/APP- ROPRIATE PLTY'S, THAT IS WHAT THE GOV'T IS REQUESTING. MR. BRASSEY WAS TOLD REPEATEDLY BY THE STATE & FED OFFICIALS THAT HE WAS ACTING IN VIOL OF LAW, BUT THESE WARNINGS APPARENTLY HAD NO EFFECT ON HIS CONDUCT. THE STATE, WHOSE LAW DOES NOT EXTEND TO WETLANDS PROTECTION, STTL'D A RELATED STREAMBED CASE AGAINST THE DEF IN 1981. STATE EMPLOYEES WERE WITNESSES AT THE FED TRIAL.

Defendants (1)

• BRASSEY, J.Named in complaint

Facilities (1)

• BRASSEY JON

  STAR RANCH, PLACERVILLE, ID, 83666

  Registry ID: 110010623003

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Timeline (7 milestones)

• 1980-11-26Enforcement Action Data Entered
• 1980-12-11Referred To Headquarters
• 1980-12-11Referred To Dept Of Justice
• 1980-12-11Referred TO U.S. Attorney
• 1981-02-27Complaint Filed With Court
• 1983-07-26Concluded
• 1984-03-31Enforcement Action Closed