ELR Citation: ELR 21299
No(s). 89-327- (E.D. Va. May 16, 1990)

The court holds that the United States is not time barred from seeking injunctive relief and civil penalties against property owners for Federal Water Pollution Control Act (FWPCA) violations. Property owners discharged pollutants onto their wetlands property without a permit from 1980 to 1988. The court first holds that whereas the FWPCA contains no specific statute of limitations, and applying the state's one-year statute of limitations would frustrate national policy, the government's claim for civil penalties is subject to the five-year statute of limitations in 28 U.S.C. §2462. The court also holds that accrual of civil penalties begins when reports of violations are filed with the Environmental Protection Agency, not when the defendants actually drained their property. Finally, the court holds that the United States' claim for injunctive relief is not barred by the doctrine of laches, because the United States has diligently pursued the case.

Counsel for Plaintiff
Craig B. Shaffer
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Richard R. Nageotte
Nageotte, McCormack, Kreim & Gray
14908 Jefferson Davis Hwy., Woodbridge VA 22191
(703) 497-0000