Bay St. Louis, MS – Hancock County Land, LLC (HCL) was sentenced to a hefty $1 million fine and two years of probation after pleading guilty to illegally filling protected wetlands in Hancock County, Mississippi, in May 2013. The case, brought by the Environmental Protection Agency (EPA) and the Department of Justice, highlights a deliberate disregard for environmental regulations in pursuit of commercial development.
According to court documents, HCL purchased a 1,710-acre parcel of land knowing that up to 80 percent of it consisted of federally protected wetlands – vital ecosystems connected to the Gulf of Mexico via streams and bayous. A wetland expert had explicitly warned the company that development would require permits from the U.S. Army Corps of Engineers, typically contingent on mitigating wetland loss through preservation elsewhere.
Despite this warning and subsequent notice, HCL, acting through its minority owner and general contractor, William R. Miller (who faces a separate trial), authorized excavation work that trenched, drained, and filled large portions of the wetlands. The intent, prosecutors argued, was to lower the water table and effectively destroy the wetlands, removing an obstacle to planned commercial development. The company knowingly discharged pollutants – in this case, dredged and fill material – into protected waters without the required permits.
Legal Ramifications and Penalties
HCL was initially charged with eleven counts of violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(A) for knowingly violating the act, 33 U.S.C. 1342 for violations of the National Pollutant Discharge Elimination System, and 33 U.S.C. 1344 for failure to obtain necessary permits for dredged or fill material. The company ultimately pled guilty to two felony counts. A corporation convicted under the CWA can face penalties of up to $500,000 *per count*, leading to the $1 million fine levied against HCL.
Restoration and Further Penalties
The court order extended beyond the monetary fine. HCL was also mandated to undertake extensive wetland restoration efforts, including re-grading and replanting excavated areas with native vegetation. Furthermore, the company was required to donate approximately 272 acres of its property to the Land Trust for the Mississippi Coastal Plain for permanent preservation. HCL also agreed to cover $100,000 in litigation costs for the Gulf Restoration Network and pay a $95,000 civil penalty to the U.S. Treasury.
A Pattern of Disregard
Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Mississippi, emphasized the deliberate nature of the violations. “The defendant deliberately destroyed wetlands that are protected by the law,” she stated. “This is a great example of local, state, and federal agencies working together to hold companies accountable for putting profit above the requirements of the law.” The ongoing case against William R. Miller suggests a deeper investigation into the motivations and extent of the illegal activity.
Key Facts
- Defendant: Hancock County Land, LLC
- Crime: Illegal filling of protected wetlands in violation of the Clean Water Act
- Location: Hancock County, Mississippi
- Year: 2013
- Penalty: $1 million fine, 2 years probation, wetland restoration, land donation
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A), 33 U.S.C. 1342, 33 U.S.C. 1344
- Related Case: Criminal charges pending against minority owner William R. Miller
Source: EPA ECHO Enforcement Case Database
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