Filling wetlands and lying to government agents are both potential criminal offenses. Julius DeSimone of New York found that out the hard way.
DeSimone pleaded guilty today in federal court in New York for conspiring to fill wetlands in violation of the Clean Water Act and to lying to federal agents in an attempt to conceal his crimes. According to the charges, DeSimone and his co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at New York and New Jersey solid waste management facilities and then transported to a farmer's property for disposal.
The defendants concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. DeSimone admitted in the plea agreement that once DEC and the EPA learned of the illegal dumping, he lied to federal agents.
DeSimone faces up to five years in prison and a $250,000 fine for each felony count, and may be ordered to pay for portions of the cleanup at the site.
Friday, February 17, 2012
Partial Deepwater Horizon Settlement Reached with MOEX
MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, amking it the largest settlement ever reached under the Clean Water Act. Approximately $45 million of the settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.
MOEX will pay $70 million in civil penalties under the Clean Water Act, and agreed to spend an additional $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect habitat and resources important to water quality and other environmental features of the Gulf of Mexico region. At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.
Of the $70 million in penalties, $45 million will go to the United States to replenish the Oil Spill Liability Trust Fund, where it will be available to pay for response actions, cleanup and damages caused by future spills. The remaining penalty will go to Gulf states participating in the settlement ($6.75 million to Louisiana; $5 million each to Alabama, Florida, and Mississippi; and $3.25 million to Texas).
MOEX will pay $70 million in civil penalties under the Clean Water Act, and agreed to spend an additional $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect habitat and resources important to water quality and other environmental features of the Gulf of Mexico region. At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.
Of the $70 million in penalties, $45 million will go to the United States to replenish the Oil Spill Liability Trust Fund, where it will be available to pay for response actions, cleanup and damages caused by future spills. The remaining penalty will go to Gulf states participating in the settlement ($6.75 million to Louisiana; $5 million each to Alabama, Florida, and Mississippi; and $3.25 million to Texas).
Wednesday, February 15, 2012
NC Hog Farm and President Sentenced to Pay $1.5M for Clean Water Act Violations
The U.S. Department of Justice announced that Freedman Farms was sentenced today in federal court to five years probation and ordered to pay $1.5 million in fines, restitution and community service payments for violating the Clean Water Act when they discharged hog waste into a stream that leads to the Waccamaw River.
The company's president was sentenced to six months in prison to be followed by six months of home confinement for his role in the violations.
According to evidence presented at trial, Freedman Farms discharged hog waste into a tributary of the Waccamaw River that flows through the White Marsh, a wetlands complex. The farm had approximately 4,800 hogs. The hog waste was supposed to be directed to two lagoons for treatment and disposal. Instead, in December 2007, hog waste was discharged from the farm directly into the tributary.
We've been involved in CAFO cases, Clean Water Act cases, and potential criminal cases like this one many times. Intentional discharges are no laughing matter, and can lead to jail time.
The company's president was sentenced to six months in prison to be followed by six months of home confinement for his role in the violations.
According to evidence presented at trial, Freedman Farms discharged hog waste into a tributary of the Waccamaw River that flows through the White Marsh, a wetlands complex. The farm had approximately 4,800 hogs. The hog waste was supposed to be directed to two lagoons for treatment and disposal. Instead, in December 2007, hog waste was discharged from the farm directly into the tributary.
We've been involved in CAFO cases, Clean Water Act cases, and potential criminal cases like this one many times. Intentional discharges are no laughing matter, and can lead to jail time.
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