United States v. Adam Bros. Farming, Inc.

SNYDER, District Judge.

I. INTRODUCTION

The present case is brought by the United States under the Clean Water Act, 33 U.S.C. § 1251 et seq. ("CWA"). The government filed its complaint on July 7, 2000, alleging that defendants Richard Adam, his sons Peter, Kieran and Dominic Adam, and the family's businesses, Adam Brothers Farming, Inc., and Iceberg Holdings, L.P., violated the CWA by draining, filling and grading wetlands and channelizing a creek on their property without a permit from the United States Army Corps of Engineers (the "Corps").

II. FACTUAL BACKGROUND

Defendants are the owners of land located near the community of Orcutt in Santa Barbara County, California (the "Site"). Orcutt Creek, which the parties variously describe as an intermittent stream, an ephemeral stream, and a flood channel, traverses the Site from east to west. In 1998 and 1999, defendants allegedly engaged in activities which altered the hydrology of the Site and had an adverse environmental impact on it. See December 8, 2003 Findings of Fact and Conclusions of Law ("Order") at 2. These activities allegedly included discharging dredge and fill materials into Orcutt Creek and wetlands adjacent to…