SUMNER, WA – Bryan Stowe, 65, president and co-owner of Sumner-based Stowe Construction, Inc., was sentenced to six months in federal prison this week for knowingly violating the Clean Water Act. The case, brought by the U.S. Attorney’s Office for the Western District of Washington and investigated by the EPA’s Criminal Investigation Division, marks one of the first criminal prosecutions nationwide specifically targeting stormwater pollution violations.
The sentencing stems from repeated failures by Stowe Construction to adhere to the Construction General Storm Water Permit at the Rainier Park of Industry project on West Valley Highway. Between 2007 and 2011, Stowe admitted to neglecting necessary improvements and practices to prevent pollutants from running off the construction site and into adjacent wetlands and streams. This negligence directly contributed to two significant landslides in 2010 and 2011, forcing the closure of West Valley Highway and causing substantial environmental damage.
Federal prosecutors detailed a pattern of disregard for regulatory oversight, noting that Stowe ignored violation letters, administrative orders, and civil penalties. “Here, the permit violations are symptoms of the defendant’s disregard for all regulatory oversight that might hurt his bottom line,” prosecutors wrote in a sentencing memo. “He was not swayed by violation letters, administrative orders, or civil penalties. His actions exhibit a total lack of respect for the law – a law he was well aware of – as well as for the environment.” Furthermore, the investigation revealed that Stowe Construction falsified weekly site inspection and discharge sampling reports submitted to regulators, attempting to conceal the extent of the pollution.
Environmental Impact & Prosecution
The case highlights the critical importance of stormwater management, particularly in the Puget Sound region. Runoff from construction sites is a major threat to the health of local waterways, potentially compromising the essential filtering functions of wetlands. Tyler Amon, Special Agent in Charge for EPA’s Criminal Investigation Division in the Northwest, emphasized the irony of prosecuting such a case during the 40th anniversary of the Clean Water Act. “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,” Amon stated.
In addition to Stowe’s prison sentence and a year of supervised release, he was ordered to pay a $300,000 federal fine and contribute $100,000 to the National Fish and Wildlife Foundation for environmental projects. Stowe Construction, Inc. was previously sentenced to a $350,000 criminal fine and both the company and Stowe are now subject to a court-imposed stormwater compliance plan for all future development projects. The timeline of events includes a guilty plea from a Barger associate on December 23, 2011, for making false statements (18 U.S.C. 1001), followed by guilty pleas from Stowe and his company in April of 2012.
Key Facts
- Defendant: Bryan Stowe, Stowe Construction, Inc.
- Location: Sumner, Washington
- Statutes Violated: Title 18 U.S. Criminal Code, Clean Water Act (33 U.S.C. 1311(a), 33 U.S.C. 1319)
- Penalties: Bryan Stowe – 6 months imprisonment, $300,000 fine, $100,000 to National Fish and Wildlife Foundation, supervised release. Stowe Construction – $350,000 fine, stormwater compliance plan.
- Incident: Repeated violations of stormwater permit led to landslides and pollution of wetlands and streams.
- Significance: One of the first criminal prosecutions of its kind for stormwater violations in the U.S.
U.S. Attorney Jenny A. Durkan underscored the severity of the offense, stating, “This defendant chose profit over environmental stewardship…This prison sentence shows we will not allow violators to think they can simply pay money later for a crime they commit today.” The case serves as a stark warning to developers that environmental regulations will be vigorously enforced, and that prioritizing profit over environmental responsibility will have serious consequences.
Source: EPA ECHO Enforcement Case Database
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