EPA v. DR. JOHN SIMPSON AND JACK NIECE

Case summary

IN 1997, JACK NIECE, WHO WAS SIMPSON'S CONTRACTOR,CONSTRUCTED A ROAD THROUGH WETLANDS ADJACENT TO SALMON RIVER AND EXCAVATED AN ARTIFICAL CHANNEL TO RIVER THROUGH WETLANDS WITHOUT 404 PERMIT. SIMPSON REROUTED THE RIVER SO THAT IT WOULD FLOW CLOSER TO HIS VACATION HOME. SIMPSON HAS IGNORED SEVERAL ORDERS FROM THE CORPS & EPA TO RESTORE THE SITE. THIS REFERRAL SEEKS AN INJUNCTION ORDERING SIMPSON TO RESTORE THE WETLANDS & A PENALTY AGAINST SIMPSON AND NIECE FOR UNAUTHORIZED WORK IN WETLANDS. ALTHOUGH THE AMOUNT OF WETLANDS IMPACTED IS RELATIVELY SMALL (0.4 ACRES), THE REFERRAL IS SIGNIFICANT BECAUSE OF THE ENDANGERED SPECIES ISSUES & BECAUSE SIMPSON HAS REFUSED TO COMPLY WITH ADMIN. COMPLIANCE ORDERS FROM BOTH THE CORPS & EPA. THE COMPLAINT, IF FILED, WILL BE FILED IN THE DIST. OF IDAHO.

Defendants (1)

• John SimpsonNamed in complaintNamed in settlement

Facilities (1)

• SIMPSON, JOHN - JOHN SIMPSON'S PROPERTY

  NEAR OBSIDIAN AND STANLEY, STANLEY, ID, 83278

  Registry ID: 110010681397

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DR. JOHN SIMPSON AND JACK NIECEentered 2002-07-09

  Primary law: CWA

  Federal penalty: $23,750 · SEP: $142,500

Timeline (7 milestones)

• 2001-01-10Referred To Dept Of Justice
• 2001-01-16Enforcement Action Data Entered
• 2001-06-20Complaint Filed With Court
• 2002-06-28Final Order Lodged
• 2002-07-09Concluded
• 2002-07-09Final Order Entered
• 2008-03-05Enforcement Action Closed