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United States v. Board of Trustees of Fla. Keys Community College

Citation: 12 ELR 20948
No. No. 80-2894-Civ-CA, 19 ERC 1167/(S.D. Fla., 07/27/1982) Mitigation plan

The court, which previously found the board of trustees in violation of the Federal Water Pollution Control Act and the Rivers and Harbors Act for filling a slough on the college campus without a permit, 12 ELR 20391, now offers the board two mitigation options. The board proposeda mitigation project consisting of planting mangroves in a nearby boat basin. But based on the testimony of the government's expert witness, the court offers the board the option of (1) restoring the original slough and paying a $3,000 fine or (2) filling the basin to a depth of two feet, adding 20,000 square feet to the basin, planting the area with seagrasses and mangroves, and paying a $15,000 fine. The board has 10 days to make its choice.

Counsel are listed at 12 ELR 20391.