Bryan Stowe, Clean Water Act Violation, Washington 2012

Tacoma, WA – A prominent Pierce County developer is behind bars following a landmark prosecution for criminal violations of the Clean Water Act. Bryan Stowe, 65, president and co-owner of Stowe Construction, Inc., began serving a six-month prison sentence this week after pleading guilty to knowingly violating a national pollution discharge elimination permit. The case, originating in the Western District of Washington, marks one of the first criminal prosecutions of its kind nationally, focusing on stormwater runoff violations.

According to court documents, Stowe and his company repeatedly disregarded environmental regulations at the Rainier Park of Industry project on West Valley Highway in Sumner, Washington. Between 2007 and 2011, Stowe Construction failed to implement adequate erosion and sediment control measures, leading to significant pollutant discharges into adjacent wetlands and streams. These failures directly contributed to two major landslides in 2010 and 2011, forcing the closure of West Valley Highway and posing a threat to public safety. Further compounding the offenses, prosecutors revealed that weekly site inspection and discharge sampling reports submitted to regulators were falsified.

U.S. District Judge Ronald B. Leighton, during sentencing on October 10, 2012, emphasized the seriousness of the violations, stating, “These regulations serve a broad and useful purpose. You violated them persistently. You were wrong.” The prosecution highlighted Stowe’s deliberate disregard for regulatory oversight, noting that repeated warning letters, administrative orders, and civil penalties failed to deter the ongoing violations. Prosecutors argued in a sentencing memo that Stowe prioritized profit over environmental protection and demonstrated a “total lack of respect for the law.”

The Environmental Protection Agency (EPA) and the Washington Department of Ecology initiated the investigation, recognizing stormwater runoff as a major threat to the health of Puget Sound. Tyler Amon, Special Agent in Charge for EPA’s Criminal Investigation Division in the Northwest, stated, “Despite serious financial investment and civic leadership in the restoration of Puget Sound, Defendant Bryan Stowe and his company chose profit over protection, resulting in a landslide, water pollution and road closures.” The case underscores the agencies’ commitment to vigorously pursue environmental crimes that also jeopardize public safety.

In addition to Stowe’s prison sentence and $300,000 fine, Stowe Construction, Inc. was sentenced to a $350,000 criminal fine. Both Stowe and the company are now subject to a court-imposed stormwater compliance plan for all current and future development sites. Furthermore, Stowe is required to make a $100,000 payment to the National Fish and Wildlife Foundation for environmental projects aimed at restoring resources impacted by the illegal discharges. The timeline of the case includes a guilty plea from a Barger associate on December 23, 2011, for making false statements (18 U.S.C. 1001), which played a supporting role in the broader investigation.

Table of Contents

Key Facts

Defendant: Stowe Construction, Inc. & Bryan Stowe
Crime: Violations of the Clean Water Act (33 U.S.C. 1311(a), 33 U.S.C. 1319) and False Statements (18 U.S.C. 1001)
Location: Sumner, Washington
Penalties: Bryan Stowe – 6 months imprisonment, $300,000 fine, $100,000 to National Fish and Wildlife Foundation, Stormwater Compliance Plan. Stowe Construction – $350,000 fine, Stormwater Compliance Plan.
Impact: Landslides, water pollution, road closures, damage to wetlands and streams.
Significance: One of the first criminal prosecutions for stormwater runoff violations in the U.S.

U.S. Attorney Jenny A. Durkan emphasized the message this case sends, stating, “This prison sentence shows we will not allow violators to think they can simply pay money later for a crime they commit today. Today they understand that the price also includes their liberty.” The outcome serves as a stark warning to developers: environmental regulations are not merely suggestions, and intentional disregard for those laws will be met with serious consequences.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases