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Eastern Idaho Developer Convicted of Violating the Federal Clean Water Act

Release Date: 9/15/2005
Contact Information: JEAN McNEIL Public Information Officer US Attorney's Office District of Idaho
(208) 334-1211
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United States Attorney’s Office
Environmental and Natural Resource Division (202) 514-2007

SEPTEMBER 15, 2005

A federal jury in Pocatello today convicted eastern Idaho developer C. Lynn Moses on three counts of violating the Federal Clean Water Act by knowingly discharging dredge and fill material into Teton Creek without a permit.

The jury reached its verdict following a four-day trial during which the government proved that Moses supervised and directed heavy equipment operators to manipulate the stream bed in a continuing effort to develop property immediately adjacent to Teton Creek. Teton Creek is a tributary of Teton River, which flows into the Snake River.

The Clean Water Act prohibits the discharge of all pollutants into waters of the United States. The dredge and fill material that the contractors discharged under Moses’ direction are considered pollutants under the Act. The United States Army of Corps of Engineers is responsible for administering a program under the Clean Water Act that authorizes the issuance of permits to individuals that intend to discharge dredge and fill material. Moses refused to submit a permit application prior to undertaking the stream bed manipulation work in 2002, 2003 and 2004, and had failed to comply with previous administrative notices directing him to cease all work in Teton Creek. As recently as April 2004, Moses violated an administrative order issued by the United States Environmental Protection Agency ordering him to stop all discharges of dredge and fill material into Teton Creek.

Moses will be sentenced before United States District Judge B. Lynn Winmill on December 21, 2005 at the federal courthouse in Pocatello, Idaho. The maximum penalty for each felony violation is three years imprisonment and a $250,000 criminal fine.

The case was investigated by the Environmental Protection Agency's Criminal Investigation Division, with the assistance of the Army Corps of Engineers and the Federal Bureau of Investigation.

Public Information Officer
Assistant United States Attorney

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