Panama City, FL – A Florida developer and his company were hit with hefty fines and probation for illegally dredging wetlands and violating federal environmental laws, in a case that officials are calling the largest criminal fine ever assessed for wetlands violations in the state of Florida. Brian Raphael D’Isernia, 69, and his company, Lagoon Landing, LLC, were sentenced in federal court on July 17, 2013, after pleading guilty to charges stemming from unauthorized construction and dredging activities near East Bay in Allanton.
According to court documents, D’Isernia admitted to his involvement in illegally dredging an upland cut boat basin and the connecting channel between December 2009 and February 2010. Lagoon Landing, LLC, was found to have knowingly discharged pollutants into U.S. waters without the necessary permits. Between 2005 and 2010, the company used heavy equipment to alter and fill wetland areas adjacent to East Bay, impacting sensitive ecological habitats.
The investigation, conducted by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, revealed a pattern of disregard for environmental regulations. The illegal dredging and filling activities disrupted the natural flow of water, damaged vital wetland ecosystems, and potentially harmed aquatic life. The case underscores the EPA’s commitment to aggressively pursuing those who violate federal environmental laws and damage critical natural resources.
Penalties and Restitution
D’Isernia was sentenced to pay a $100,000 federal fine, while Lagoon Landing, LLC, faced a $2,150,000 fine and a three-year term of probation. In addition to the financial penalties, Lagoon Landing was ordered to contribute $1 million to the National Fish and Wildlife Foundation, a non-profit organization dedicated to wetland conservation and restoration. The funds will be used to support projects focused on the conservation, protection, restoration, and management of wetland, marine, and coastal resources in and around St. Andrew Bay.
Related Civil Settlements
The criminal sentencing was accompanied by five separate civil settlements involving related entities controlled by D’Isernia. Northwest Florida Holdings, Inc., Bay Fabrication, Inc., and Peninsula Holdings, LLC, all agreed to conduct stormwater corrective actions, water quality studies, and pay civil fines and fees totaling tens of thousands of dollars to the Florida Department of Environmental Protection (FDEP). D’Isernia and his wife, Miriam D’Isernia, also entered into a consent order with FDEP to remove unauthorized fill materials from property in Panama City Beach.
Legal Violations
D’Isernia was found to have violated the Rivers and Harbors Appropriation Act (RHAA) {33 U.S.C. 403}, specifically regarding the obstruction of navigable waters. Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act (CWA) {33 U.S.C. 1319(c)(2)(A)} for knowingly discharging pollutants without a permit. U.S. Attorney Pamela C. Marsh emphasized the importance of enforcing these laws to protect North Florida’s natural treasures, while EPA Special Agent-in-Charge Maureen O’Mara stated that the sentence sends a strong message that harming environmentally sensitive wetlands will not be tolerated.
Key Facts
- Defendant: Brian R. D’Isernia and Lagoon Landing, LLC
- Location: Allanton, Florida
- Years of Activity: 2005-2010 (illegal filling), 2009-2010 (illegal dredging)
- Laws Violated: Clean Water Act (33 U.S.C. 1319(c)(2)(A)), Rivers and Harbors Appropriation Act (33 U.S.C. 403)
- Penalties: $100,000 fine (D’Isernia), $2,150,000 fine & 3 years probation (Lagoon Landing), $1 million to National Fish & Wildlife Foundation
- Restoration: Approximately 58.63 acres of wetlands will be restored.
Source: EPA ECHO Enforcement Case Database
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