United States v. Banks

MEMORANDUM OPINION

JAMES LAWRENCE KING, District Judge.

This Clean Water Act case involves property on Big Pine Key, an island located in a chain of islands known as the Florida Keys. The United States alleges that the Defendant, Parks B. Banks, unlawfully placed pollutants in the form of fill material in adjacent freshwater wetlands without a permit. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1345 and 1355, and 33 U.S.C. § 1319(b).

I. THE NATURE OF THE ACTION

The Plaintiff, United States of America, seeks to obtain injunctive relief and civil penalties against the Defendant, Parks…