Panama City, FL – A Florida developer and his company were hit with a hefty $2.25 million criminal fine, the largest ever assessed in Florida history for wetlands violations, after illegally dredging and filling protected areas near East Bay. Brian Raphael D’Isernia, 69, and his corporation, Lagoon Landing, LLC, were sentenced in federal court on July 17, 2013, following a probe by the Environmental Protection Agency (EPA) and other federal agencies.
According to court documents, D’Isernia admitted to his involvement in the unlawful dredging of an upland cut boat basin in Allanton, and the connecting channel to East Bay, between December 2009 and February 2010. Lagoon Landing, LLC, was found to have repeatedly altered and filled wetland areas on property it controlled in Allanton between 2005 and 2010, utilizing heavy equipment without securing the necessary permits from regulatory bodies.
The investigation revealed a pattern of disregard for environmental regulations. The wetlands impacted were adjacent to East Bay, a sensitive ecological area. Federal prosecutors argued that the illegal dredging and filling disrupted the natural flow of water, damaged vital habitats, and potentially impacted water quality. The actions were carried out to facilitate development without adhering to established environmental safeguards.
D’Isernia pleaded guilty to violating the Rivers and Harbors Appropriation Act (RHAA) {33 U.S.C. 403}, specifically for obstructing navigable waters. He was sentenced to a $100,000 federal fine. Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act {33 U.S.C. 1319(c)(2)(A)} for knowingly discharging pollutants – in this case, dredged material – into waters of the United States without a permit. The company received a three-year probation period, a $2.15 million fine, and was ordered to contribute $1 million to the National Fish and Wildlife Foundation for wetland conservation and restoration projects in the St. Andrew Bay area.
United States Attorney Pamela C. Marsh emphasized the importance of protecting Florida’s natural resources, stating that her office would continue to vigorously enforce federal environmental laws in partnership with the EPA. Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Florida, added that the sentence sends a clear message that harming essential natural resources will not be tolerated.
Beyond the criminal penalties, five related civil settlements were also reached with various entities controlled by D’Isernia. These agreements mandate the restoration of approximately 58.63 acres of wetlands, the implementation of stormwater improvements, and financial penalties totaling tens of thousands of dollars to state and federal trust funds. The civil actions aim to mitigate the long-term environmental damage caused by the illegal activities and ensure future compliance with environmental regulations.
Key Facts
- Defendant: Brian R. D’Isernia and Lagoon Landing, LLC
- Location: Allanton, Florida (near East Bay)
- Years of Activity: 2005 – 2010 (illegal filling), 2009-2010 (illegal dredging)
- Statutes 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 for D’Isernia, $2.15 million fine and 3 years probation for Lagoon Landing, $1 million to National Fish and Wildlife Foundation, plus additional civil penalties and restoration requirements.
- Total Fines & Restitution: $2.25 million (criminal) + significant civil penalties and restoration costs
The investigation was a collaborative effort involving the EPA Criminal Investigation Division, the Coast Guard Investigative Service, and multiple federal and state agencies, highlighting the coordinated approach taken to combat environmental crimes.
Source: EPA ECHO Enforcement Case Database
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