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United States v. Bradshaw

Citation: 12 ELR 20629
No. No. JH-79-2118, 541 F. Supp. 880/18 ERC 1611/(D. Md., 09/15/1981) Injunction issued

In an action brought by the United States for civil penalties and injunctive relief, the court rules that the discharge of fill material into a wetland adjacent to a navigable waterway without an Army Corps of Engineers permit is a violation of § 404 of the Federal Water Pollution Control Act (FWPCA). The court first determines that the filled area was a wetland prior to defendant's deposit of fill material thereon and the fill material was in fact a "pollutant" under the FWPCA. The court enjoins defendant from further filling or construction activities. Instead of imposing a civil penalty, the court concludes that restoration of the land is a proper remedy. Plaintiff is required to submit a restoration plan for the filled area and defendant will be given an opportunity to oppose or offer alternatives to the plan.

Counsel for Plaintiff
Edward M. Norton Jr., Ass't U.S. Attorney
101 N. Lombard St., Baltimore MD 21201
(301) 539-2940

Counsel for Defendant
J. Edward Martin Jr.
Allen, Thieblot & Alexander
444 World Trade Center, Baltimore MD 21202
(301) 837-1140