December 17, 2010

FOUR SENTENCED FOR VIOLATING THE CLEAN WATER ACT AND ENDANGERED SPECIES ACT

Paul S. McConnell, 69, Donna McConnell, 61, and James F. Renshaw, 49, all of Kooskia, Idaho, were sentenced in federal court in Coeur d’Alene by Chief U.S. Magistrate Judge Candy W. Dale, the U.S. Attorney’s Office announced. Paul McConnell and James Renshaw were sentenced to two years probation and ordered to pay a $2,500 fine for Discharge of a Pollutant, in violation of the Clean Water Act, and Unlawful Taking of a Threatened Species, in violation of the Endangered Species Act. Donna McConnell was sentenced to two years probation and a $2,500 fine for Discharge of a Pollutant.

Renshaw and the McConnells pled guilty to the charges in September 2010. A fourth defendant, Barton R. Wilkinson, 65, of Kooskia, Idaho, was previously sentenced in August 2010 to two years probation and a $2,000 fine for Unlawful Taking of a Threatened Species. All of the defendants are jointly required to pay for the restoration of Clear Creek.

According to the plea agreement, Paul and Donna McConnell and Barton Wilkinson own property abutting Clear Creek in Kooskia, Idaho. The McConnells’ property is approximately 1.5 miles upstream from the Kooskia National Fish Hatchery. Clear Creek is habitat for threatened steelhead trout. In August 2007, the McConnells asked Renshaw to channelize Clear Creek in an effort to prevent flooding during spring runoff. Renshaw dredged rock and soil from the creek and redeposited the material into the creek and on the banks. The McConnells also approached their neighbor, Wilkinson, regarding channelization of Clear Creek and Wilkinson agreed to have the work performed on his property. The channelization significantly damaged steelhead trout habitat in the river and produced large amounts of silt downstream from the work site. None of the defendants had a permit to perform the work in Clear Creek. The violations occurred on the Nez Perce Indian Reservation.

The case was investigated by Environmental Protection Agency, Criminal Investigation Division, and the National Oceanic and Atmospheric Administration, Office of Law Enforcement.

• Clean Water Act (CWA)
• Endangered Species Act (Endangered Species Act)