John Rapanos Agrees to Pay for Clean Water Act Violations

John A. Rapanos and related defendants have agreed to pay a civil penalty and recreate about 100 acres of wetlands and buffer areas to resolve Clean Water Act violations at three sites in Michigan. Rapanos attempted to level three different parcels of land, which were intended to be developed into a shopping mall and residential areas, and dug an extensive network of ditches to dry out the sites, which resulted in excavated dirt being sidecast into wetlands.

Rapanos has agreed to pay a $150,000 civil penalty and will spend an estimated $750,000 to mitigate for 54 acres of wetlands that were filled without authorization under the Clean Water Act. Rapanos has also agreed to preserve an additional 134 acres of wetlands that were unaffected by the unauthorized activity. Under the agreement, the preservation of these areas will be enforced via a conservation easement held by the State of Michigan.

"After litigating this case for a number of years, we are pleased to reach a settlement that so strongly benefits the environment and serves the public interest," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division.

The original enforcement action was filed against Rapanos in 1994 and the case drew national attention after the District Court ruling was appealed to the U.S. Supreme Court and subsequently sent back to the U.S. District Court for further proceedings. Rapanos challenged EPA's findings that the filled wetlands were under federal jurisdiction under the Clean Water Act. The litigation determined that Rapanos did fill wetlands under federal jurisdiction.

A parallel criminal matter is still pending and is not affected by the settlement under the agreement.

The proposed consent decree, lodged in the U.S. District Court in Detroit, is subject to a 30-day comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.

 

Download Center

  • Hand Safety Program

    Hand injuries are the #1 preventable industrial accident worldwide. In REThink Hand Safety, the most comprehensive book on hand safety, you'll learn how top companies have reduced hand injuries by up to 90% and what the most successful hand safety programs have in common. Get your free copy today.

  • Free 1-on-1 Consultations

    Get a free meeting with a Superior Glove hand safety expert and learn how to have less hand injuries, lower PPE costs, and increase worker productivity. 1-on-1 consultations provide you with personalized advice and recommendations for your specific needs and concerns.

  • Glove 101 Guide

    In this comprehensive guide, we've compiled all the key information you need to know about safety gloves to help you make informed decisions when choosing gloves for your workers. Whether you're new to the world of safety gloves or an experienced pro, this guide has something for everyone.

  • Sample Program

    Find the right safety gloves for your team and try before you buy—in just 3 easy steps! Simply add the products to your sample box, complete the request form, and wait for your samples to arrive at no cost to you.

  • Cut Protection Product Guide

    Find the right safety gloves for your workers to protect them from cut hazards. This guide offers a wide selection of gloves, including ultra-thin gloves with the industry’s maximum cut resistance for unbeatable dexterity and touch sensitivity.

  • Superior Glove

Featured Whitepaper

OH&S Digital Edition

  • OHS Magazine Digital Edition - February March 2023

    February March 2023

    Featuring:

    • IH: GAS DETECTION
      Does Real-Time Data Enhance Gas Detection Programs?
    • PPE: HEARING PROTECTION
      Hearing Protection: The Dangers of Non-Compliance
    • PPE: PROTECTIVE APPAREL
      Personal Protective Equipment: The Pains of Staying Pain-Free
    • CONSTRUCTION SAFETY
      Reframing Eyewear: Meeting Workforce Needs with Technology and Advancements
    View This Issue