ELR Citation: ELR 20379
No(s). 99-2496 (7th Cir. Feb 10, 2000)

The court affirms a district court decision that upheld U.S. Environmental Protection Agency (EPA) penalties against a landowner and a friend of the landowner for filling wetlands without a permit in violation of the Clean Water Act (CWA). The court first holds that the argument by the two men that they did not knowingly violate the law fails. Knowledge is not required for a violation of the CWA. Additionally, nothing in the CWA makes good faith or a lack of knowledge a defense. Moreover, even if knowledge was required for a violation, a previous run-in with the EPA regarding filling the same wetlands without a permit, made the men aware that putting material in the wetland was unlawful without a permit. The court next holds that the claim by the men that the fill caused no environmental harm is irrelevant because even if no harm occurred, the CWA forbids filling wetlands without a permit. The court further holds that the amount of the civil penalties was neither too high nor retaliatory. The civil assessments were well within the CWA's monetary range.

Counsel for Plaintiffs
Timothy P. Dwyer
Zukowski, Rogers, Flood & McArdle
50 Virginia St., Crystal Lake IL 60014
(815) 459-2050

Counsel for Defendant
Ronald M. Spritzer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Posner and Rovner, JJ.