United States Of America V. Pushkal Et Al
Summary: The United States of America has filed a lawsuit against Thomas Pushkal, Jennifer Vanover, Edward Pushkal, Frances Pushkal, and Maplewood Warmbloods, LLC. The defendants are accused of unlawfully discharging fill material into approximately 3.5 acres of wetlands in Orange County, New York, which are protected by the federal Clean Water Act (CWA). These wetlands are connected to the Wallkill River, a navigable waterway. Despite receiving a warning from the Environmental Protection Agency (EPA) not to fill the wetlands without a CWA permit, the defendants disregarded the warning. The lawsuit seeks injunctive relief to remove the unauthorized fill material and cease unpermitted discharges, as well as civil penalties. The jurisdiction and venue for this lawsuit are in the Southern District of New York. The defendants include individuals who own the properties where the fill occurred, as well as Maplewood Warmbloods, LLC, a corporation. The CWA prohibits the discharge of pollutants into navigable waters without a permit, and wetlands are considered waters of the United States. The Section 404 permitting program under the CWA authorizes the discharge of dredged or fill material into wetlands under specific conditions. The plaintiffs, represented by the EPA, seek enforcement of the CWA, including injunctive relief, civil penalties, and restoration of the wetlands.
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