Gulfport, MS – Real estate developer William “Rusty” Miller was sentenced to 15 months incarceration for illegally filling protected wetlands in Hancock County, Mississippi, the Department of Justice and the Environmental Protection Agency (EPA) announced. The sentencing, handed down on April 23, 2014, by Chief United States District Judge Louis Guirola Jr., concludes a case highlighting the deliberate destruction of crucial ecosystems for commercial gain.
Miller, of Fairhope, Alabama, pleaded guilty in December 2013 to violating the Clean Water Act (33 U.S.C. 1311(a)). Investigators determined that Miller knowingly directed the excavation, trenching, and filling of wetlands across a 1,710-acre property he co-owned, despite being explicitly warned that the land was federally protected. A wetland expert reportedly informed Miller in 2001 that up to 80% of the property consisted of wetlands connected to the Gulf of Mexico, requiring permits for any disturbance.
According to court documents, Miller disregarded these warnings and proceeded to alter the landscape, effectively lowering the water table and destroying the wetlands to facilitate future development. The EPA’s Criminal Investigation Division uncovered evidence demonstrating Miller’s awareness of the legal requirements and his intentional circumvention of them. The actions were undertaken to make the land more suitable for commercial development, ignoring the ecological impact and the permitting process designed to mitigate such damage.
Corporate Penalties and Restitution
Miller’s sentencing is not the only penalty levied in this case. Hancock County Land LLC (HCL), the principal owner of the affected property, previously pleaded guilty to related charges and was ordered to pay a total penalty of $1 million. This included a $500,000 fine for each of two counts, as well as mandated community service. HCL was directed to undertake extensive wetland restoration and preservation efforts, including replanting native vegetation, donating 272 acres to the Land Trust for the Mississippi Coastal Plain, and contributing $100,000 towards the litigation costs of the Gulf Restoration Network. Additionally, HCL was ordered to pay a $95,000 civil penalty to the U.S. Treasury.
In addition to the prison sentence, Miller was ordered to pay a $15,000 fine and $19,246 in restitution. He will serve nine months in prison followed by six months of home confinement, and then one year of supervised release. The case was jointly prosecuted by Senior Trial Attorney Jeremy K. Korzenik of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorney Gaines Cleveland of the Southern District of Mississippi.
Key Facts
- Defendant: William “Rusty” Miller
- Crime: Illegal filling of protected wetlands in violation of the Clean Water Act (33 U.S.C. 1311(a)).
- Location: Hancock County, Mississippi
- Year: 2014
- Sentence: 15 months (9 months prison, 6 months home confinement), $15,000 fine, $19,246 restitution.
- Corporate Penalty: Hancock County Land LLC (HCL) fined $1 million and ordered to perform wetland restoration and preservation.
- Timeline: Charged 11/07/2012; Pleaded Guilty 12/17/2013; Sentenced 04/23/2014.
This case serves as a stark reminder of the EPA’s commitment to enforcing environmental regulations and holding individuals and corporations accountable for knowingly damaging protected ecosystems. The substantial penalties imposed in both the criminal and corporate cases aim to deter future violations and underscore the importance of adhering to environmental laws.
Source: EPA ECHO Enforcement Case Database
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