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United States v. Bayou des Familles Dev. Corp.

Citation: 5 ELR 20239
No. No. 75-536, (E.D. La., 02/28/1975)

In an action brought under § 10 of the Rivers and Harbors Act and §§ 301 and 309(d) of the Federal Water Pollution Control Act Amendments of 1972, a developer who dredged canals and filled marshes without a permit from the Corps of Engineers agrees, in a final consent judgment, to pay the United States a civil penalty of $25,000. The Judgment requires the defendant to file an application for a permit for all work already done below the mean high tide line, and specifies that no further work will be done below that line without a permit from the Corps. In the event the Corps refuses to grant a permit in one or both of these instances, the defendant reserves the right to challenge the agency's jurisdiction in court.

Counsel for Plaintiff
Charles W. Shipley
Department of Justice
Washington, D.C. 20530

Gerald J. Gallinghouse U.S. Attorney
500 St. Louis Street
New Orleans, La. 70130

Counsel for Defendant
Moise Steeg, Jr.
1210 Oil & Gas Building
New Orleans, La. 70112