ELR Citation: ELR 20443
No(s). 71-1176-Civ. WM (S.D. Fla. Sep 2, 1971)

Where defendant proceeded with dredge and fill operations in Florida Bay at accelerated pace in connection with construction of trailer court after notification by Corps of Engineers that permit was required under Refuse Act of 1899, where Corps decided against issuance of permit, and where evidence showed defendant's operations had greatly damaged the ecosystem of the Bay, Corps may obtain injunction against continuation of similar activity, and order requiring defendant to remove all material dumped into Bay and to restore navigable capacity of Bay to its original condition. Corps has access to both civil and criminal relief under Refuse Act.

Counsel for Government:
Robert W. Rust, U.S. Attorney
Kenneth G. Oertel, Asst. U.S. Attorney
14 N.E. First Avenue
Miami, FL 33101
(304) 350-4471

Counsel for Defendant:
Terry, Peterson & McGowan
1201 Brickell Avenue
Miami, FL
(305) 358-8940