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United States v. Joseph G. Moretti, Inc.

Citation: 7 ELR 20284
No. No. 7 1-1176-Civ. WM, 423 F. Supp. 1197/9 ERC 1731/(S.D. Fla., 11/19/1976) On remand

On remand from the Fifth Circuit, the court orders the defendant developer, which filled wetlands and dredged a number of canals without the required federal permits, to implement within 60 days the restoration plan proposed by the government. The remedial plan, which includes making the canals shallower and removing the fill and replanting mangroves along the original tide line, is reasonable in that it is not beyond defendant's resources and is carefully designed to confer maximum environmental benefits. In order to ensure performance of this restoration, the court imposes equitable liens on all defendant's unsold land at the development site and on all its corporate assets. Should the defendant not fully complete such restoration in a timely fashion, the Army Corps of Engineers may finish the work and be reimbursed from defendant's assets.

Counsel for Plaintiff
Robert W. Rust, U.S. Attorney; David F. McIntosh, Ass't U.S. Attorney
300 Ainsley Bldg., Miami FL 33132
(305) 350-5423

Counsel for Defendant
Kenneth L. Ryskamp
Bolles, Goodwin, Ryskamp, Welcher & Carrier
4th Floor, City National Bank Bldg., Miami FL 33130
(305) 379-8353