Sweeney
United States v. Sweeney
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No. 2:17-cv-00112-KJM-SCR Plaintiff,
FINDINGS AND RECOMMENDATIONS
v.
REGARDING IDENTIFICATION OF A
JOHN DONNELLY SWEENEY, et al., RESTORATION PLAN Defendants. ECF No. 223 OBJECTIONS DUE IN FOURTEEN DAYS
Following a bench trial, the district judge found that defendants John Donnelly Sweeney and Point Buckler Club, LLC (“PBC”) violated the Clean Water Act (“CWA”) by constructing an unpermitted levee that harmed tidal channels on Point Buckler Island in the greater San Francisco Bay. During a bifurcated remedies phase, the district judge imposed a mandatory injunction requiring defendants to restore the island’s tidal marsh wetlands, and referred the identification of a restoration plan to the undersigned. The parties have submitted additional briefing, and, after reviewing the record, I recommend adopting the government’s restoration implementation plan to the extent discussed…