EPA v. PHILIP BAYLEY (CWA 404)

Case summary

Defendant appealed the U.S. District Court?s final judgement to the Ninth Circuit Court of Appeals, which was denied, then subsequently appealed to the U.S. Supreme Court. On February 23, 2026, the U.S. Supreme Court denied Defendants? petition for Certiorari. On March 11, 2026, Defendants filed a petition for rehearing. On April 6, 2026, the petition for rehearing was denied. In early July 2026, Defendants filed a motion to vacate the U.S. District Court?s final judgment. The Court previously ordered that the United States need not respond to further motions filed by Defendants unless ordered to do so. On July 28, 2026, the Court issued an order denying Defendants? motion to vacate. On July 29, 2026, Defendants appealed that decision to the Ninth Circuit Court of Appeals. As the appeals process moves forward, the DOJ and the U.S. Attorney?s Office is looking into collections to pay the penalty and the in-lieu fee required by the U.S. District Courts final judgement. On October 23, 2023, DOJ and EPA Region 10 received a final judgment in a civil judicial case resolving violations of the Clean Water Act by Joan Bayley, Philip Bayley, and Big D's Beach Cabin, LLC, located in Union, Washington. Defendants discharged dredged or fill material into waters of the United States without a Clean Water Act Section 404 permit or authorization from the U.S. Army Corps of Engineers. The unauthorized discharges occurred along the shoreline and below the high tide line of Hood Canal, which is part of Puget Sound. The unauthorized work included the use of heavy mechanical equipment to place, among other things, dirt, spoil, rock, sand, and concrete to construct a vertical concrete bulkhead, which directly impacted Critical Habitat for the Endangered Species Act listed Puget Sound Chinook salmon. This enforcement action sends a deterrent message against future violations of the Clean Water Act to the regulated community. The Final Judgement by the U.S. District Court of Western Washington at Tacoma required Defendants to make a compensatory mitigation payment of $33,492.10 to the Hood Canal Coordinating Council's In-Lieu Fee Program, and a civil penalty of $250,000 in accordance with the Court's Order.

Defendants (1)

• PHILIP BAYLEYNamed in complaintNamed in settlement

Facilities (1)

• PHILIP BAYLEY PROPERTY

  8791 EAST STATE ROUTE 106, UNION, WA, 98592

  Registry ID: 110070210082

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PHILIP BAYLEY (CWA 404)entered 2023-10-23

  Primary law: CWA

  Federal penalty: $250,000

Timeline (5 milestones)

• 2019-02-20Referred To Dept Of Justice
• 2019-05-30Enforcement Action Data Entered
• 2020-08-27Complaint Filed With Court
• 2023-10-23Final Order Lodged
• 2023-10-23Final Order Entered