Gales Creek Habitat Destruction Lands Oregon Men in Court
GALES CREEK, OR – Two Washington County men have been sentenced for illegally diverting a portion of Gales Creek, resulting in significant damage to critical habitat for the threatened Upper Willamette River (UWR) steelhead. The case, investigated by a multi-agency task force, highlights the ongoing federal effort to protect endangered species and Oregon’s vital waterways.
Robert H. Block, Jr., 61, the property owner abutting Gales Creek, and David Dober, Sr., 69, used heavy machinery in October 2009 to move approximately 100,000 pounds of earthen material within the stream channel. Their actions altered the creek’s flow over a 700-foot stretch, impacting an area between 50 and 90 feet wide. A biologist with the National Marine Fisheries Service determined the work severely degraded UWR steelhead habitat – a crucial spawning, incubation, and rearing ground, as well as a key migration route. The assessment concluded that the habitat destruction directly resulted in the injury and death of the protected fish.
Legal Ramifications & Penalties
Block initially faced charges under the Clean Water Act (33 U.S.C. 1311 and 33 U.S.C. 1344) and the Endangered Species Act (16 U.S.C. 1538(a)(1)(G)). He pled guilty and was sentenced in December 2011 to five years of probation and ordered to pay a $2,500 fine. As part of his sentencing, Block was also required to implement a restoration plan on his property, aimed at mitigating the damage caused to Gales Creek and its UWR steelhead population. Dober was charged in May 2012 with violating the Endangered Species Act and the Rivers and Harbors Act (33 U.S.C. 407), also pleading guilty and receiving a $500 fine.
U.S. Attorney S. Amanda Marshall emphasized the importance of enforcing federal environmental laws, stating, “We will continue to enforce federal environmental laws to protect our wildlife and to keep our waterways clean.” A significant portion of the fines levied – half from each defendant – will be directed to the Oregon Governor’s Fund for the Environment, supporting local cleanup and restoration efforts throughout the state.
Investigation & Prosecution
The investigation was a collaborative effort between the Environmental Protection Agency Criminal Investigation Division, the National Marine Fisheries Service, and the U.S. Army Corps of Engineers. The prosecution was handled by Assistant U.S. Attorney Stacie F. Beckerman and Special Assistant U.S. Attorney Patrick Flanagan of the Oregon Department of Justice’s Environmental Crimes Unit. This case serves as a stark reminder that altering waterways without proper permits and consideration for protected species carries serious legal consequences.
Key Facts
- Defendants: Robert H. Block, Jr. and David Dober, Sr.
- Location: Gales Creek, Oregon
- Date of Offense: October 2009
- Laws Violated: Clean Water Act, Endangered Species Act, Rivers and Harbors Act
- Impact: Approximately 700 feet of Gales Creek impacted; UWR steelhead habitat destroyed; steelhead injured/killed.
- Penalties: Block – 5 years probation, $2,500 fine, restoration plan. Dober – $500 fine.
- Fine Allocation: Half of each fine directed to the Oregon Governor’s Fund for the Environment.
Source: EPA ECHO Enforcement Case Database
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