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United States v. Tilton

Citation: 12 ELR 21102
No. No. 81-27-Civ-J-WC, 17 ERC 1891/(M.D. Fla., 06/29/1982)

The court rules that the Corps of Engineers has jurisdiction under § 404 of the Federal Water Pollution Control Act over defendants' wetlands property. Although the wetlands is separated from the St. Johns River by a road, the court rules that the property constitutes "adjacent wetlands" within the meaning of the applicable regulations. The Corps' jurisdiction over "wetlands" includes jurisdiction over "adjacent wetlands." The court also finds sufficient evidence to indicate that there was a discharge of fill material into the adjacent wetlands. The court enjoins further discharge of fill material without a permit from the Corps, but finds insufficient evidence to either require defendants to restore the property or to impose civil penalties.

Counsel for Plaintiff
Steve Calvarese
Corps of Engineers, 400 W. Bay St., Jacksonville FL 32202
(904) 791-2234

Robert S. Yerkes, Ass't U.S. Attorney
P.O. Box 600, Jacksonville FL 32201
(904) 791-2682

Counsel for Defendants
C. Ray Greene Jr.
Greene & Greene
2500 Gulf Life Tower, Jacksonville FL 32207
(904) 396-5527

Michael T. Breen
P.O. Box 45165, Atlanta GA 20320
(404) 458-7875