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United States v. Pozsgai

999 F.2d 719 (1993)

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United States v. Pozsgai

United States Court of Appeals for the Third Circuit
999 F.2d 719 (1993)

Facts

During an investigation, the United States Army Corps of Engineers (Corps) discovered that concrete, dirt, rubble, and building scraps had been dumped into a Pennsylvania wetlands property. Pozsgai (defendant) was considering purchasing the property during the Corps investigation. Pozsgai hired an engineering firm to examine the property’s suitability for building as a part of the purchase process. The engineering firm advised that the entire site met the criteria set by the Corps as wetlands and that the Corps was not inclined to issue building permits for such sites. Pozsgai received the same expert opinion from other engineering firms but eventually purchased the property anyway. Following the purchase, the Corps discovered that Pozsgai was placing fill in the property without a permit. The dumping and filling continued for more than a year. Due to the continued filling, the Corps issued cease-and-desist letters requesting the filling to stop, but it did not. The United States (plaintiff) filed a civil action against Pozsgai, alleging that Pozsgai violated the Clean Water Act (CWA) by filling the wetlands without a permit. The United States sought to restore the property to its original state, civil penalties, a temporary restraining order, and a preliminary injunction to stop further discharge.

Rule of Law

Issue

Holding and Reasoning (Scirica, J.)

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