EPA v. SUELLYN RADER AND ESTATE OF LYLE J. RADER

Case summary

On October 1, 2015, the U.S. District Court for the Western District of Washington entered a consent decree resolving CWA Section 404 violations with Suellyn Rader Blymyer (individually and in her capacity as the Personal Representative of the Estate of Lyle Rader) and the Uptrail Group, LLC. The violations arise out of the unauthorized filling of approximately 10 acres of wetlands in Lynden, Washington, including construction of a dirt road and excavation of a 100 foot long trench in 2006. The consent decree requires the defendants to record a conservation easement on 19 acres and the completion of an EPA-approved fill removal and restoration project at the location of the impacted wetland. Regular maintenance, monitoring and adaptive management of the restoration project is required for 10 years to ensure its success. The consent decree requires the defendants to pay a civil penalty of $210,000.

Defendants (3)

• Estate of Lyle J. Rader (SB)Named in complaintNamed in settlement
• Suellyn Rader BlymyerNamed in complaintNamed in settlement
• Uptrail Group LLCNamed in complaintNamed in settlement

Facilities (1)

• RADER PROPERTY - PARCEL # 400301-363356

  12457 HALVERSTICK ROAD, LYNDEN, WA, 98264

  Registry ID: 110042347895

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SUELLYN RADER BLYMYER AND UPTRAIL GROUP LLC - CONSENT DECREEentered 2015-10-01

  Primary law: CWA

  Federal penalty: $210,000

Timeline (6 milestones)

• 2012-03-21Referred To Dept Of Justice
• 2012-04-11Enforcement Action Data Entered
• 2013-08-29Complaint Filed With Court
• 2015-06-10Final Order Lodged
• 2015-10-01Final Order Entered
• 2015-10-01Concluded