ELR Citation: ELR 20901
No(s). 487-169 (S.D. Ga. Nov 22, 1988)

The court approves a consent decree in a Federal Water Pollution Control Act (FWPCA) citizen suit that provides funding to a private organization for a wetlands mitigation project. The Environmental Protection Agency's (EPA's) FWPCA civil penalty policy specifically authorizes the use of environmentally beneficial mitigation projects to aid in settlement of cases, but requires that a settlement that includes a mitigation project also include a substantial monetary penalty. The court holds that the $15,000 civil penalty in this case satisfies that requirement. The court declines to disapprove the decree's provision providing for payments to a private conservation organization for the education of school children. Although this provision may be improper under EPA's penalty policy, it has been properly agreed to by the parties.

Counsel for Plaintiffs
Louisa Abbot
701 Abercorn St., Savannah GA 31401
(912) 236-6161

Counsel for Defendant
Charles M.Jones, G. Brinson Williams
Jones, Osteen, Jones & Arnold
206 E. Court St., P.O. Box 800, Hinesville GA 31313
(912) 876-0111

Counsel for U.S. Government
Amelia S. Salzman
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-1442