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5/20/2026
WT Staff
 Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@wtny.us
May 20, 2026 1210 pm EDT
CrimeBox
Historic Conviction Fiscal Year 2011; Case ID# CR_2192 (Montana)
Aerial images showed an illegal diversion in East Gallatin River. The streambank erosion project contractor got a light sentence for this CWA felony
The Defendant in this case is an environmental consulting and service company, contracted by a private land owner for a streambank stabilization project. An Offer of Proof submitted to Federal Court in the District of Missoula, MT had the Defendant pleading guilty to a felony violation of the Clean Water Act. The charge stems from the Defendant's actions during the project, resulting in negligent discharge of pollutants to waters of the USA.
The EPA Criminal Investigation Division, Special Agent Solari contributed proof to the court, demonstrating the US Army Corps of Engineers (USACE) received an application for a streambank stabilization project. The application was submitted by the Defendant on behalf of a private property owner in Montana. USACE subsequently issued a Nationwide Permit to the property owner, for work on East Gallatin River shoreline near Bozeman, MT. The Defendant was also sent a copy of the Permit.
On March 30, 2007 a private pilot flying over the East Gallatin River captured images of a flow diversion within the river channel near Bozeman. The aerial photos show concrete blocks in the river channel, with heavy machinery for excavation in the river channel, on the dry side of a cofferdam. The concrete block diversion and cofferdam had not been authorized by USACE in the work Permit.
Gallatin Conservation District held a meeting in April 2007, in part to discuss a complaint about the Defendant's work on East Gallatin River. The minutes for the meeting contain a statement by the project manager/owner for the Defendant, admitting to having no "310 permit" for the concrete barriers.
When EPA investigators questioned the land owner, he stated the plan was to remove the concrete blocks at the end of each work day, however the blocks were left in the river overnight, twice, three days in all. The Defendant told Gallatin Conservation District the same account, that the dams were in the river overnight two nights. When EPA Special Agent contacted the Defendant about the use of concrete blocks, again, the story was the same, the blocks were in the river for three days and then removed. The Defendant further stated the blocks and diversion were necessary to perform the work, and placed at the Defendant's discretion.
Sentencing was announced three and a half years later. According to the trial record, the maximum fine was $25,000 per day of violation and twelve months of supervision/probation. The sentence delivered by Judge Jeremiah Lynch was a fraction what could have been. The record does not indicate the reason for this leniency, perhaps the court appreciated the Defendant's honest account of actions taken.
Federal Fines: $10,000; Special Assessment: $125
See last week's CrimeBox here, "The first CWA criminal prosecutions in North Dakota lead to two sewage hauling companies fined $50,000 for hundreds of loads of sewage sludge drilled into fields and creeks", here.
CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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