Lawsuit Targets New Mexico County's Illegal Bulldozing in San Francisco River

The Center for Biological Diversity today sent a notice of intent to sue Catron County under the Clean Water Act for illegally bulldozing the San Francisco River. The Center will seek full restoration of the disturbed areas and urge the court to impose on Catron County the statutory maximum federal fine of $37,500 per day per violation, which would be paid to the U.S. Treasury. Catron County trespassed across private property in August to bulldoze 13.5 miles of the San Francisco River in the Gila National Forest without Clean Water Act permits or U.S. Forest Service approval. The bulldozer and other vehicles crossed or plowed through the river at least 47 times downstream of Reserve, N.M., within a national forest inventoried roadless area and through a stretch of river that is designated critical habitat for the federally threatened loach minnow. The Clean Water Act prohibits the discharge of pollutants into streams without a permit, and further prohibits the discharge of fill material into streams or wetlands without a permit. The Center seeks to have Catron County comply with the Act and complete full restoration of all damage and environmental harm caused by its unpermitted bulldozing. Should the county fail to do so in 60 days, the Center will be free to file suit in federal court in order to seek court-ordered restoration and the payment of civil fines by the county to the federal government...more