1

KENT E. HANSON 

ELIZABETH B. DAWSON 

U.S. Department of Justice 

Environment and Natural Resources Division 

Environmental Defense Section 

P.O. Box 7611 

Washington, DC 20044 

Phone: (206) 220-4198 

Fax: (202) 514-8865 

Kent.Hanson@usdoj.gov

Elizabeth.Dawson@usdoj.gov 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

___________________________________ 

 

UNITED STATES OF AMERICA, 

 

 Plaintiff, 

 

 v. COMPLAINT 

 

WILLIAM CASE, 

BILL CASE FARMS, INC., and Clean Water Act Action (33 U.S.C. § 

CASE FAMILY, LLC, 1319(b), (d)) 

 Defendants. 

___________________________________ 

 

THE UNITED STATES’ COMPLAINT

 The United States of America (“United States”), through its undersigned attorneys, by the 

authority of the Attorney General, and at the request of the Administrator of the United States 

Environmental Protection Agency (“EPA”), alleges as follows: 

NATURE OF THE ACTION 

1. This is a civil action commenced under section 309(b) and (d) of the Clean Water 

Act (“CWA”), 33 U.S.C. § 1319(b), (d). The United States seeks injunctive relief and civil 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 1 of 15
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penalties against William Case, Bill Case Farms, Inc., and Case Family, LLC (“Defendants”), for 

violating CWA section 301(a), 33 U.S.C. § 1311(a), by discharging dredged or fill material into 

waters of the United States in Linn County, Oregon, by, among other things, constructing an 

approximately 835-foot-long revetment wall in a riverbank, and by constructing an 

approximately 993-foot-long dike along the riverbank without a permit issued under CWA 

section 404, 33 U.S.C. § 1344. 

2. In this action, the United States seeks (1) to enjoin the discharge of pollutants into 

waters of the United States without a permit in violation of CWA section 301(a), 33 U.S.C. § 

1311(a); (2) to require Defendants, at their own expense and at the direction of EPA, to restore 

and/or mitigate the damages caused by their unlawful activities; and (3) to require Defendants to 

pay civil penalties as provided in CWA section 309(d), 33 U.S.C. § 1319(d). 

JURISDICTION AND VENUE 

3. This Court has jurisdiction over the subject matter of this action under CWA 

section 309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1331, 1345, and 1355. 

4. Venue is proper in the United States District Court for the District of Oregon 

under CWA section 309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. § 1391(b) and (c) because the 

Defendants conduct business in this District, the subject properties are located in this District, 

and the cause of action alleged herein arose in this District. 

5. Venue is proper in the Eugene Division under LR 3-2 because Defendants 

conduct business in Linn County, the subject properties are located in Linn County, and the 

cause of action alleged herein arose in Linn County. 

6. Notice of the commencement of this action has been provided to the State of 

Oregon in accordance with CWA section 309(b), 33 U.S.C. § 1319(b). 

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THE PARTIES 

7. The Plaintiff is the United States of America. The United States Department of 

Justice is vested with the authority to bring this action under 28 U.S.C. §§ 516 and 519, and 33 

U.S.C. § 1366. 

8. Upon information and belief, Defendant William Case is a private individual who 

resides in Linn County, Oregon, and whose principal mailing address is 33010 Dever Connor 

Drive NE, Albany, Oregon 97321-9520. 

9. Upon information and belief, Defendant William Case performed some or all of 

the work at the real property that is the subject of this Complaint (“the Site”) comprising the 

violations of the CWA, in his personal capacity and in his capacity as an employee or agent of 

Defendant Case Family, LLC, and Defendant Bill Case Farms. 

10. Upon information and belief, Defendant Bill Case Farms, Inc., is a corporation 

organized under the laws of Oregon with an address of 33010 Dever Connor Drive NE, Albany, 

Oregon 97321-9520. 

11. Upon information and belief, Defendant Bill Case Farms, Inc., paid for some or 

all of the work at the Site comprising the violations of the CWA. 

12. Upon information and belief, Defendant Case Family, LLC, is a limited liability 

company organized under the laws of Oregon with an address of 33010 Dever Connor Drive NE, 

Albany, Oregon 97321-9520. 

13. Upon information and belief, Defendant Case Family, LLC, currently owns real 

property in Linn County, Oregon, within Section 24, Township 10 South, Range 3 West, 

Western Meridian, tax lots 1200 and 100, which includes the Site, and derived a benefit from the 

work at the Site comprising the violations of the CWA. 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 3 of 15
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14. Upon information and belief, at all times relevant to the Complaint, one or more 

of the Defendants controlled the Site and/or controlled the activities that occurred on the Site. 

STATUTORY AND REGULATORY AUTHORITY 

15. The CWA’s purpose is “to restore and maintain the chemical, physical, and 

biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a). 

16. CWA section 301(a), 33 U.S.C. § 1311(a), prohibits the discharge of any 

pollutant, including dredged or fill material, by any person from any point source to navigable 

waters except in compliance with, inter alia, CWA section 404, 33 U.S.C. § 1344. 

17. CWA section 404(a), 33 U.S.C. § 1344(a), authorizes the Secretary of the Army, 

acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill 

material to navigable waters at specified disposal sites, after notice and the opportunity to 

comment. 

18. CWA section 502(12), 33 U.S.C. § 1362(12), defines “discharge of a pollutant” to 

include “any addition of any pollutant to navigable waters from any point source.” 

19. CWA section 502(6), 33 U.S.C. § 1362(6), defines “pollutant” to include, inter 

alia, dredged spoil, rock, sand, cellar dirt, and biological materials. 

20. CWA section 502(7), 33 U.S.C. § 1362(7), defines “navigable waters” as “the 

waters of the United States, including the territorial seas.” 

21. At the time of the violations alleged herein, 33 C.F.R. § 328.3(a)(1), (2), (5) and 

(7), and 40 C.F.R. § 232.2, defined “waters of the United States” to include, inter alia: (i) all 

waters which are currently used, were used in the past, or may be susceptible to use in interstate 

or foreign commerce; (ii) all interstate waters; (iii) tributaries to waters described in (i) and (ii); 

and (iv) wetlands adjacent to waters described in (i) or (ii) or their tributaries. 

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22. On June 29, 2015, EPA and the Department of the Army promulgated a new rule, 

which became effective on August 28, 2015. The new rule amended 33 C.F.R. § 328.3 and 40 

C.F.R. § 232.2 and defines “waters of the United States” to include, inter alia: (i) all waters 

which are currently used, were used in the past, or may be susceptible to use in interstate or 

foreign commerce; (ii) all interstate waters; (iii) tributaries to waters described in (i) and (ii); and 

(iv) wetlands or other waters adjacent to the waters described in (i)-(iii). Implementation of the 

new rule has been temporarily stayed by the Sixth Circuit Court of Appeals. In re: 

Environmental Protection Agency and Department of Defense Final Rule; “Clean Water Rule: 

Definition of Waters of the United States,” 80 Fed. Reg. 37,054 (June 29, 2015), 803 F.3d 804, 

808 (6th Cir. 2015). 

23. Under 33 C.F.R. § 328.4(c), federal jurisdiction over a non-tidal “water of the 

United States,” in the absence of adjacent wetlands, extends to the “ordinary high water mark.” 

The “ordinary high water mark” is defined as a “line on the shore established by the fluctuations 

of water and indicated by physical characteristics” including a “natural line impressed on the 

bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, [or] the 

presence of litter and debris.” 33 C.F.R § 328.3(e) (at the time of the violations alleged herein) 

and 33 C.F.R. § 328.3(c)(6) (after the effective date of the new rule). 

24. 33 C.F.R. § 328.3 and 40 C.F.R. § 232.2 define “wetlands” as “those areas that 

are inundated or saturated by surface or groundwater at a frequency and duration sufficient to 

support, and that under normal circumstances do support, a prevalence of vegetation typically 

adapted for life in saturated soil conditions.” 

25. CWA section 502(14), 33 U.S.C. § 1362(14), defines “point source” to include 

“any discernible, confined and discrete conveyance . . . from which pollutants are or may be 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 5 of 15
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discharged.” 

26. CWA section 502(5), 33 U.S.C. § 1362(5), defines “person” to include “an 

individual [or] corporation.” 

27. CWA section 309(b), 33 U.S.C. § 1319(b), authorizes the commencement of a 

civil action for appropriate relief, including a permanent or temporary injunction, against any 

person who violates CWA section 301(a). 

28. In an action brought under CWA section 309(b), 33 U.S.C. § 1319(b), CWA 

section 309(d), 33 U.S.C. § 1319(d), authorizes the district court to impose civil penalties against 

any person who violates CWA section 301(a). 

GENERAL ALLEGATIONS 

29. Defendants are persons within the meaning of CWA section 502(5), 33 U.S.C. § 

1362(5). 

30. Defendants own, possess, or control real property in Linn County, Oregon, within 

Section 24, Township 10 South, Range 3 West, Western Meridian, tax lots 1200 and 100, which 

includes the Site. 

31. The Site is located on the North Santiam River, near the confluence of the North 

and South Santiam Rivers, River Miles 0.25–0.5 and 1.45–1.6. This stretch of the North Santiam 

River is designated critical habitat under the Federal Endangered Species Act for Upper 

Willamette River Chinook salmon (Oncorhynchus tshawytscha) and steelhead (O. mykiss), and is 

designated essential fish habitat under the Magnuson-Stevens Fishery Conservation and 

Management Act for Coho salmon (O. kisutch) and Chinook salmon. 

32. Portions of the Site are at or below the ordinary high water mark of the North 

Santiam River. 

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33. The North and South Santiam Rivers merge and form the Santiam River, which 

flows into the Willamette River. The Santiam River is a Rivers and Harbors Act section 10, 33 

U.S.C. § 403, navigable water at the highway bridge within the city of Jefferson, Linn County, 

Oregon. The Site is located upstream of the head of Rivers and Harbors Act section 10 waters, 

where the North Santiam River has perennial flows. 

34. The Santiam and Willamette Rivers are traditional navigable waters presently 

used, or have been used in the past or may be susceptible to use, in interstate or foreign 

commerce. The North Santiam River is a tributary of the Santiam and Willamette Rivers. The 

North Santiam River itself is a traditional navigable water that is currently used, was used, or is 

susceptible to use in interstate commerce, being recognized for its recreational boating, canoeing, 

and kayaking opportunities due to its year round flow and accessibility. 

35. The North Santiam River has five side channels on the Site that eventually join to 

form a larger channel that flows directly into the North Santiam River. The North Santiam and 

each of the five side channels are characterized by the presence of physical indicators of a bed 

and bank and an ordinary high water mark. The North Santiam provides all of the surface water 

flowing through the channels; the larger channel flows into the North Santiam year-round, and 

the five side channels flow intermittently and at least on a seasonal basis into the larger channel, 

demonstrating a hydrologic connection between the channels and the River. These side channels 

are adjacent to a traditional navigable water and they, alone and in combination with similarlysituated channels in the region, significantly affect the chemical, physical, and biological 

integrity of that traditional navigable water. As tributaries of another water of the United States 

(the North Santiam River), these side channels are also waters of the United States as defined in 

the regulations promulgated under the CWA that were in effect at the time of Defendants’ 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 7 of 15
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activities and will be in effect under the new rule. 

36. The Site also contains wetlands adjacent to the North Santiam River, which abut 

and have a continuous surface connection to the River’s side channels. Through a surface 

connection with the side channels, these wetlands maintain a hydrologic connection with the 

River. Neighboring the North Santiam River, these wetlands are adjacent to a traditional 

navigable water and they, and alone and in combination with similarly-situated wetlands in the 

region, significantly affect the chemical, physical, and biological integrity of that traditional 

navigable water. 

37. The wetlands on the Site, the Willamette River, the Santiam River, the North 

Santiam River, and the five side channels that join to form the larger channel that flows into the 

North Santiam River are “waters of the United States” within the meaning of the CWA and the 

regulations promulgated thereunder that were in effect at the time of Defendants’ activities and 

that will be in effect under the new rule. 

2009 Violations 

38. On or about September 1, 2009, Defendants, and/or persons acting on their behalf, 

used an excavator on the bank of the North Santiam River to dig a trench below the ordinary 

high water mark and discharge large riprap rock and dredged material below the ordinary high 

water mark along approximately 835 linear feet of the River at the Site. 

39. The excavator discussed in Paragraph 38 was operated by Defendants or persons 

acting on Defendants’ behalf. 

40. The excavator is a “point source” within the meaning of CWA section 502(14), 33 

U.S.C. § 1362(14). 

41. The materials that Defendants and/or persons acting on their behalf discharged 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 8 of 15
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into the North Santiam River at the Site included rocks and dirt, which are “pollutant[s]” within 

the meaning of CWA section 502(6), 33 U.S.C. § 1362(6). 

42. On August 20, 2010, the United States Army Corps of Engineers (“Corps”) sent 

Defendant William Case a cease and desist order regarding the placement of riprap material 

below the ordinary high water mark of the North Santiam River and informed Defendant 

William Case that the CWA prohibits discharges of dredged or fill material into waters of the 

United States unless the work has been authorized by a Corps permit. 

43. On August 26, 2010, the Corps conducted an inspection of the Site. At the time of 

the August 26, 2010 inspection, there was riprap material below the ordinary high water mark of 

the North Santiam River at the Site. 

44. On May 5, 2011 and October 14, 2011, EPA conducted inspections of the Site. At 

the time of the May 5, 2011 and October 14, 2011 inspections, there was riprap material below 

the ordinary high water mark of the North Santiam River at the Site. 

45. To date, Defendants have neither applied for nor obtained a CWA section 404 

permit from the Corps authorizing any work, including, but not limited to, the placement of 

dredged or fill materials below the ordinary high water mark of the North Santiam River 

undertaken at the Site on or about September 1, 2009. 

2012 Violations

46. Between approximately August 1, 2012, and September 28, 2012, Defendants, 

and/or persons acting on their behalf, used an excavator and a bulldozer to discharge large riprap 

rock along approximately 823 feet of the North Santiam River below the ordinary high water 

mark, to alter side channels of the River during the excavation activities, and to fill wetlands 

adjacent to the River and its side channels. 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 9 of 15
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47. The excavator and bulldozer discussed in paragraph 46 were operated by 

Defendants or persons acting on Defendants’ behalf. 

48. The excavator is a “point source” within the meaning of CWA section 502(14), 33 

U.S.C. § 1362(14). 

49. The bulldozer is a “point source” within the meaning of CWA section 502(14), 33 

U.S.C. § 1362(14). 

50. The materials that Defendants and/or persons acting on their behalf discharged 

into the North Santiam River, the side channels, and the wetlands at the Site included rocks and 

dirt, which are “pollutant[s]” within the meaning of CWA section 502(6), 33 U.S.C. § 1362(6). 

51. On October 19, 2012, EPA sent Defendant Mr. Case a notice of violation 

regarding the unauthorized discharge of fill material into the North Santiam River and the 

River’s side channels and informed Defendant William Case that the CWA prohibits placing fill 

material into waters of the United States unless the work has been authorized by a Corps permit. 

52. On October 31, 2012, EPA conducted an inspection of the Site. At the time of the 

October 31, 2012 inspection, dredged and fill material were present below the ordinary high 

water mark of the North Santiam River, in the River’s side channels, and in wetlands adjacent to 

the North Santiam River and the River’s side channels. 

53. To date, Defendants have neither applied for nor obtained a CWA section 404 

permit from the Corps authorizing any work, including, but not limited to, the placement of 

dredged or fill materials below the ordinary high water mark of the North Santiam River, the side 

channels to the River, or the wetland adjacent to the River and its side channels, undertaken at 

the Site between approximately August 1, 2012, and September 18, 2012. 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 10 of 15
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2013 Violations

54. After the 2012 violations, sometime prior to September 6, 2013, Defendants, 

and/or persons acting on their behalf, used an excavator and/or a bulldozer to excavate and fill an 

area approximately 170 feet by 164 feet along the North Santiam River, blocking side channels 

of the River and placing gravel piles in wetlands adjacent to the River and its side channels. 

55. The excavator and/or bulldozer discussed in paragraph 54 were operated by 

Defendants or persons acting on Defendants’ behalf. 

56. The excavator is a “point source” within the meaning of CWA section 502(14), 33 

U.S.C. § 1362(14). 

57. The bulldozer is a “point source” within the meaning of CWA section 502(14), 33 

U.S.C. § 1362(14). 

58. The materials that Defendants and/or persons acting on their behalf discharged 

into the North Santiam River, the side channels, and the wetlands at the Site included rocks and 

dirt, which are “pollutant[s]” within the meaning of CWA section 502(6), 33 U.S.C. § 1362(6). 

59. On September 6, 2013, EPA conducted an inspection of the Site. At the time of 

the September 6, 2013 inspection, dredged and fill material were present below the ordinary high 

water mark of the North Santiam River, in the River’s side channels, and in wetlands adjacent to 

the North Santiam River and the River’s side channels. 

60. To date, Defendants have neither applied for nor obtained a CWA section 404 

permit from the Corps authorizing any work, including, but not limited to, the placement of 

dredged or fill materials below the ordinary high water mark of the North Santiam River, the side 

channels to the River, or the wetlands adjacent to the River and its side channels, undertaken at 

the Site during 2013. 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 11 of 15
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CLAIM FOR RELIEF 

UNAUTHORIZED DISCHARGES OF DREDGED OR FILL MATERIAL 

61. The United States incorporates Paragraphs 1−60 above as if fully set forth herein. 

62. Defendants discharged dredged or fill material into waters of the United States, 

impacting a total of approximately 1,828 linear feet of streambank on the North Santiam River, 

five side channels to the North Santiam River, and wetlands adjacent to the North Santiam River. 

63. All or substantially all areas to which Defendants discharged dredged or fill 

material at the Site are “waters of the United States” within the meaning of the CWA and its 

implementing regulations. 

64. Defendants do not have, and have never had, a permit issued under CWA section 

404, 33 U.S.C. § 1344, authorizing the discharges of dredged or fill material at the Site as 

described in Paragraphs 38−60. 

65. The discharges of dredged or fill material described in Paragraphs 38−60 violated 

and continue to violate CWA section 301(a), 33 U.S.C. § 1311(a). 

66. As of the filing date of this Complaint, the dredged and fill materials referenced in 

Paragraphs 38−60 remain in place. 

67. Each day that the dredged or fill materials described in Paragraphs 41, 50, and 58 

remain in waters of the United States constitutes a separate violation of CWA section 301(a), 33 

U.S.C. § 1311(a). 

68. Under CWA sections 309(b) and (d), 33 U.S.C. § 1319(b), (d), and the Debt 

Collection Improvement Act of 1996, 31 U.S.C. § 3701, Defendants are liable for a civil penalty 

of up to $37,500 per day for each violation of CWA section 301(a), 33 U.S.C. § 1311(a). 

69. Unless this Court compels Defendants to restore the waters of the United States to 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 12 of 15
13

their pre-violation conditions, Defendants are likely to allow dredged or fill material to remain in 

waters of the United States in violation of CWA section 301, 33 U.S.C. § 1311. 

PRAYER FOR RELIEF

 WHEREFORE, Plaintiff, the United States of America, respectfully requests that this 

Court order the following relief: 

I. Permanently enjoin Defendants from discharging dredged or fill material or other 

pollutants to any water of the United States except in compliance with a CWA permit; 

II. Order all Defendants to pay civil penalties, pursuant to CWA section 309(d), 

33 U.S.C. § 1319(d), per day for each violation of CWA section 301(a); 

III. Order Defendants, or any combination thereof, to completely restore the waters of 

the United States at the Site to their pre-violation conditions and conduct compensatory 

mitigation for irreversible environmental damage, at Defendants’ own expense and at the 

direction of EPA; 

IV. Award the United States costs and disbursements in this action; and 

V. Grant such other relief as the Court may deem just and proper. 

Respectfully submitted, 

 

 JOHN C. CRUDEN 

 Assistant Attorney General 

 Environment and Natural Resources Division 

/s/ Elizabeth B. Dawson 

KENT E. HANSON 

ELIZABETH B. DAWSON 

U.S. Department of Justice 

Environment and Natural Resources Division 

Environmental Defense Section 

P.O. Box 7611 

Washington, DC 20044 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 13 of 15
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Phone: (206) 639-5544 

Fax: (202) 514-8865 

Kent.Hanson@usdoj.gov

Elizabeth.Dawson@usdoj.gov

Dated: February 23, 2016 

OF COUNSEL: 

Endre M. Szalay 

Assistant Regional Counsel 

United States Environmental Protection Agency 

Region 10 

1200 Sixth Avenue, Suite 900 (ORC-133) 

Seattle, WA 98101 

Telephone: (206) 553-1073 

Facsimile: (206) 553-0163 

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 14 of 15
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VIII. RELATED CASE(S)

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United States of America

Elizabeth B. Dawson

U.S. Department of Justice

P.O. Box 7611, Washington, D.C. 20044; 202-514-8293

William Case

Bill Case Farms, Inc.

Case Family, LLC

Linn County

Aaron C. Courtney

STOEL RIVES LLP

900 SW Fifth Avenue, Suite 2600, Portland OR, 97204

Clean Water Act, 33 U.S.C. § 1319(b), (d)

Discharge of dredged or fill material into waters of the United States in Linn County, Oregon.

02/23/2016 /s/ Elizabeth B. Dawson

Case 6:16-cv-00328-AA Document 1 Filed 02/23/16 Page 15 of 15