ELR Citation: ELR 20772
No(s). 88-450-1 (E.D. Pa. Jan 23, 1992)

In a bench opinion, the court reduces a criminal fine imposed on an individual for unauthorized filling of wetlands in violation of §404 of the Federal Water Pollution Control Act (FWPCA) from $200,000 to $5,000. The defendant continued filling wetlands despite repeated government warnings that the filling violated the FWPCA and despite a court order directing him to stop filling. However, the court a court order directing him to stop filing. However, the court determines determines that the defendant's ability to pay a fine is limited. His income and earning capacity are marginal, his taxes are in arrears, he has a contingent liability for restoring the wetlands, his real estate is not subject to attachment to pay his individual debts, and his 62-year-old wife requires expensive medical care.

[Prior decisions in this litigation are published at 22 ELR 20536 and 20353.]

Counsel for Plaintiff
Christopher Hall, Ass't U.S. Attorney
U.S. Attorney's Office
3310 U.S. Courthouse, 601 Market St., Philadelphia PA 19106
(215) 597-2556

Counsel for Defendant
Paul D. Kamenar
Washington Legal Foundation
1705 N St. NW, Washington DC 20036
(202) 857-0240