EPA v. CLARENCE ABELDGAARD, OCEANVIEW ENTERPRISES INC, CLOYD MOSER, MODEB INVESTMENTS, & GERALDINE BARLING
Final Order With Penalty
Case summary
On April 21, 2015, the U.S. Department of Justice entered a consent decree in the U.S. District Court of Alaska with Geraldine Barling to resolve CWA violation claims. Claims relate to unauthorized fill of approximately 20 acres of wetlands during development of three subdivisions near Anchor Point, Alaska from 1996 to 1998. The consent decree requires that Ms. Barling donate 69 acres of land for inclusion in an adjacent 300-acre wetland conservation area. The Conservation Fund will take title to the donated land and complete fill removal by October 1, 2015 in accordance with an EPA-approved plan.
Defendants (5)
- Oceanview Enterprises IncNamed in complaint
- Cloyd MoserNamed in complaintNamed in settlement
- Modeb InvestmentsNamed in complaintNamed in settlement
- Clarence E. AbeldgaardNamed in complaint
- Geraldine BarlingNamed in complaintNamed in settlement
Facilities (4)
STARISKI MEADOWS SUBDIVISION
VARIOUS SITE LOCATIONS, ANCHOR POINT, AK, 99556
Registry ID: 110024277496
PIPER'S HAVEN SUBDIVISION
NEAR STARISKI CREEK, ANCHOR POINT, AK, 99556
Registry ID: 110024277496
THE CONSERVATION FUND (FORMERLY GERALDINE BARLING WETLAND PROPERTY)
VARIOUS SITE LOCATIONS, ANCHOR POINT, AK, 99556-1188
Registry ID: 110060266395
HAPPY VALLEY 5 ACRE HOMESITES
NEAR STARISKI CREEK, ANCHOR POINT, AK, 99556
Registry ID: 110024277496
Statutes cited
- CWA 404 — Permits for Dredge and Fill Material
Enforcement conclusions (2)
CONSENT DECREE WITH DEFENDANT GERALDINE BARLINGentered 2015-04-21
Primary law: CWA
CONSENT DECREE WITH DEFENDANTS CLOYD MOSER AND MODEB INVESTMENTSentered 2005-07-06
Primary law: CWA
Federal penalty: $12,500 · SEP: $205,000
Timeline (9 milestones)
- 2001-01-05Enforcement Action Data Entered
- 2001-01-05Referred To Dept Of Justice
- 2001-12-21Complaint Filed With Court
- 2002-07-30Amended Complaint
- 2005-11-18Amended Complaint
- 2015-03-04Final Order Lodged
- 2015-04-21Concluded
- 2015-04-21Final Order Entered
- 2019-09-17Enforcement Action Closed
Case metadata
- EPA activity ID
- 56164
- Case number
- 10-2001-0065
- DOJ docket
- 90-5-1-1-16195
- Lead agency
- EPA
- HQ division
- WAT
- EPA region
- 10
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- Permits for Dredge and Fill Material
Sourced verbatim from EPA ECHO Enforcement Case Report for case 10-2001-0065 . 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.