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United States v. Bradshaw

Citation: 12 ELR 20630
No. No. JH-79-2118, 541 F. Supp. 884/18 ERC 1614/(D. Md., 04/02/1982) Injunction modified

After ruling, 12 ELR 20629, that by filling a wetland without a Corps of Engineers permit defendant violated § 404 of the Federal Water Pollution Control Act, the court orders defendant to undertake the restoration plan submitted by the government. The plan requires the defendant to lower the elevation in the "restored marsh" area to an elevation suitable for the establishment of salt marsh cordgrass. The court finds that such measures would be of maximum benefit to the environment, achievable as a practical matter, and not unduly burdensome to defendant. The court rejects defendant's contentions that the violation was unintentional, the filling activity ceased after notice, and that no environmental benefit would be achieved by digging out the property.

Counsel are listed at 12 ELR 20629