United States v. Adam Bros. Farming, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: CLEAN WATER ACT JURISDICTION •

The Court previously trifurcated the issues to be tried in this case. The first phase which addressed the question of whether jurisdiction exists under the Clean Water Act, 33 U.S.C. § 1251 et seq. (“CWA”) was tried to the Court on February 6, February 7, February 11, February 12, February 13, February 14, February 20, February 26, and February 27, 2003. Thirteen witnesses testified and 136 exhibits were admitted into evidence. H. Michael Semler, Marsha Mann and Lily Chinn appeared for plaintiff United States of America and Richard P. Crane, Suzanne M. Henry and David E. Dearing appeared for defendants. The Court now makes its findings of fact and conclusions of law.

I. INTRODUCTION

The present case is brought by the United States under the 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…