ELR Citation: ELR 20414
No(s). 71-3137 (5th Cir. May 15, 1973)

The Fifth Circuit modifies the decision of the district court, which ordered the defendant Moretti to remove 400,000 cubic yards of dredge and fill material, because he had not obtained the necessary permit under §3 of the Rivers and Harbors Act of 1899. Despite Moretti's flagrant violation of the Rivers and Harbors Act, and the court's belief that mandatory restoration is statutorily and equitably appropriate here, the case is remanded to allow the defendant to apply for an after-the-fact permit that conceivably could validate the work already done. For the district court opinion, see 1 ELR 20443.

Counsel for Plaintiff
David F. McIntosh, Assistant U.S. Attorney
300 Ainsley Building
14 N.E. First Avenue
Miami, FL 33132

Counsel for Defendants
John Robert Terry
Terry, Peterson & McGowan
1201 Brickell Avenue
Miami, FL 33131