Marathon Development Corporation, Wetlands Violation, MA 1988

Seekonk, MA – Marathon Development Corporation and one of its senior vice presidents, Geoghegan, faced federal charges and penalties in 1988 for illegally filling protected wetlands in Seekonk, Massachusetts. The case, prosecuted under the Clean Water Act, highlights a pattern of environmental disregard during the company’s ambitious plans to construct a large shopping mall and cinema complex.

According to court documents, between June 17 and October 16, 1986, Marathon Development began site preparation on a 117-acre parcel. This preparation involved aggressively scraping, leveling, and piling debris directly into delineated wetlands – crucial ecosystems protected under federal law. The work was undertaken without securing the necessary permits from the U.S. Army Corps of Engineers, a direct violation of established environmental regulations.

The initial indictment, filed on April 8, 1987, contained 25 counts, each alleging a separate instance of unauthorized filling of wetlands. A superseding information, filed May 5, 1987, maintained the same charges. Facing mounting evidence, both Marathon Development and Geoghegan ultimately pleaded guilty to all 25 counts, admitting their culpability in the environmental damage.

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Legal Ramifications

The violations fell under 33 U.S.C. 1319(c)(1)(A) and 33 U.S.C. 1346 of the Clean Water Act, specifically addressing the unpermitted discharge of dredged or fill material into navigable waters, including wetlands. Prosecutors argued that Marathon knowingly circumvented the permitting process to expedite construction and reduce costs, prioritizing profit over environmental protection.

Sentencing and Penalties

On May 31, 1988, the court handed down its sentencing. Geoghegan, Marathon’s senior vice president, received a six-month suspended sentence, a 12-month probationary period, and was ordered to pay a personal fine of $10,000. Marathon Development Corporation itself was fined $100,000. While the financial penalties were significant, critics at the time argued they were insufficient to fully address the environmental harm caused by the illegal wetland filling.

Environmental Impact and Aftermath

The Seekonk wetlands played a vital role in flood control, water filtration, and providing habitat for local wildlife. The destruction caused by Marathon’s actions resulted in documented ecological damage, though the full extent of the long-term impact remains difficult to quantify. The case served as a cautionary tale for developers and underscored the importance of strict adherence to environmental regulations. While the mall was eventually constructed, the legal battle left a lasting stain on Marathon Development’s reputation and fueled increased scrutiny of its environmental practices.

Key Facts

Defendant: Marathon Development Corporation & Geoghegan
Location: Seekonk, Massachusetts
Crime: Illegal filling of protected wetlands
Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1346 (Clean Water Act)
Penalties: Geoghegan – 6 months suspended, 12 months probation, $10,000 fine; Marathon – $100,000 fine
Timeline: Illegal activity occurred June-Oct 1986, indictment April 1987, sentencing May 1988

Source: EPA ECHO Enforcement Case Database

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