Charlie Lynn Moses, Clean Water Act Violation, Idaho 2006

Driggs, ID – Charlie Lynn Moses, owner of Continental Real Estate Company, was sentenced to 18 months in federal prison for knowingly violating the Clean Water Act (CWA) during the development of a large subdivision known as The Aspens, near Driggs, Idaho. The case, prosecuted by the Environmental Protection Agency (EPA), highlights a deliberate disregard for environmental regulations and a pattern of unpermitted construction activity.

According to court documents, Moses engaged in extensive dredge and fill activities and altered stream channels within the development area without securing the necessary permits from the Army Corps of Engineers. Despite repeated notifications that permits were *required* for such work, Moses continued the construction, effectively bypassing federal oversight designed to protect Idaho’s waterways.

The investigation began in 2005, culminating in a three-count indictment on March 22nd. The charges specifically cited violations of 33 U.S.C. 1319(c)(2)(A), relating to the failure to obtain a permit under 33 U.S.C. 1344 prior to commencing the dredge and fill operations. The EPA argued that Moses knowingly acted in violation of the law, prioritizing project expediency over environmental compliance.

Following a four-day trial in September 2005, a jury found Moses guilty on all three felony counts. The prosecution presented evidence demonstrating Moses’s awareness of the permitting requirements and his conscious decision to proceed with the work anyway. Defense arguments claiming a misunderstanding of the regulations or a belief that the work fell under exemptions were ultimately unsuccessful.

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Sentencing and Penalties

On June 20, 2006, Judge B. Lynn Winmill handed down the sentence: 18 months of incarceration, followed by 12 months of supervised probation. In addition to the prison term, Moses was ordered to pay a $300 special assessment fee and $9,000 in federal fines. The financial penalties aim to offset the environmental damage caused by the unpermitted construction and to deter future violations.

This case serves as a stark reminder that environmental regulations are not merely suggestions, but legally binding requirements. The EPA continues to aggressively pursue enforcement actions against individuals and companies who willfully disregard the Clean Water Act, ensuring the protection of vital water resources for future generations. The case also underscores the importance of due diligence and compliance with permitting processes in large-scale development projects.

Key Facts

Defendant: Charlie Lynn Moses, Continental Real Estate Company
Location: Driggs, Idaho
Crime: Violations of the Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A))
Indictment Date: March 22, 2005
Conviction Date: September 15, 2005
Sentence: 18 months incarceration, 12 months probation, $9,300 in fines & assessment
Project: “The Aspens” subdivision
Violation: Unpermitted dredge and fill activities and stream channel alteration.

Source: EPA ECHO Enforcement Case Database

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