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United States v. Smith

Citation: 5 ELR 20382
No. No. 74-34-NN, 7 ERC 1937/(E.D. Va., 04/21/1975)

A landowner's dredging of a creek, filling of marshlands adjacent to his property, and construction of a bulkhead below the mean high water line without permits from the Corps of Engineers violates both the Rivers and Harbors Act of 1899 and the Federal Water Pollution Control Act Amendments of 1972. The court rules that defendant's violation of § 301(a) of the FWPCA on at least one day subjects him to a civil penalty not to exceed § 10,000, but conditions imposition of such a fine on progress in the implementation of a restoration plan for the wetland area. Defendant is ordered to elect either the restoration plan proposed by the Corps of Engineers or that put forth by the Virginia Institute of Marine Science, and to commence and complete such restoration as soon as possible

Counsel for Plaintiff
Edward R. Baird, Jr. Asst. U.S. Attorney
P.O. Box 60
Norfolk, Va. 23501

Counsel for Defendant
V. Cassel Adamson, Jr.
519 E. Main Street
Richmond, Va. 23219