Brent Powell, Violating the Clean Water Act, Montana 2014

ST. IGNATIUS, MT – A Montana rancher has been sentenced for repeatedly violating federal environmental regulations by illegally dredging and damaging wetlands on the Flathead Indian Reservation. Brent Powell, 54, of St. Ignatius, pled guilty in July 2014 to a charge of violating the Clean Water Act, following an investigation by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and collaborative efforts with the U.S. Army Corps of Engineers and the Flathead Tribe.

According to court documents, Powell, operating B.P. Cattle Company, engaged in unauthorized work along Sabine Creek, Mission Creek, and Pistol Creek, all considered “waters of the United States” and located within the Flathead Indian Reservation. The initial violation occurred in 2004 when Powell performed work in wetlands without obtaining the required Tribal Application for the Alteration of Aquatic Land or Wetland – an 87A (ALCO) permit. The Army Corps of Engineers issued a cease and desist order at that time, requiring remediation of the disturbed area.

Despite the prior order and warnings, Powell continued the illegal activity in 2010. Investigators discovered he dredged several channels in an attempt to drain wetlands and expand his agricultural land. The resulting dredged material was deposited alongside the channels, directly impacting the wetland environment. On-site inspections in March 2010 revealed “very extensive” disturbance of wetland and riparian vegetation across approximately seven distinct areas, with heavy sediment observed in the newly created channels and cloudy water flowing into Sabine Creek.

The EPA-CID investigation, bolstered by interviews and a review of tribal records, demonstrated that Powell *again* failed to secure the necessary 87A permit before commencing the 2010 dredging operations. This pattern of disregard for environmental regulations was a key factor in the federal prosecution. Federal authorities emphasized the importance of protecting the fragile ecosystem of the Flathead Indian Reservation and holding individuals accountable for environmental crimes.

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Penalties and Prosecution

Powell was charged with violating 33 U.S.C. 1319(c)(1) of the Clean Water Act, which prohibits the discharge of pollutants into navigable waters without a permit. He ultimately pled guilty and was sentenced to 36 months of probation and ordered to pay a $20,000 criminal fine. U.S. Attorney Mike Cotter, at the time, praised the cooperative effort between federal and tribal agencies, highlighting the successful prosecution as a message that environmental laws would be “aggressively protected.”

Key Facts

Defendant: Brent Powell
Location: Flathead Indian Reservation, Montana
Crime: Illegal dredging and damaging of wetlands in violation of the Clean Water Act.
Statute Violated: 33 U.S.C. 1319(c)(1)
Timeline: Violations occurred in 2004 and 2010. Guilty plea entered July 9, 2014.
Penalties: 36 months probation, $20,000 criminal fine.
Agencies Involved: EPA-CID, U.S. Army Corps of Engineers, Flathead Tribe.

The case serves as a reminder of the strict enforcement of environmental laws, particularly concerning protected wetlands and waterways, and the potential consequences for those who prioritize economic gain over environmental stewardship.

Source: EPA ECHO Enforcement Case Database

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