United States of America v. Smith

Filing 158

JUDGMENT that Governmentsrequest for relief against Smith is DENIED in part and GRANTED in part as follows:1) the Governments request for entry of a permanent injunction against Smith isDENIED; 2) the Governments request for a temporary restorative i njunction against Smith isGRANTED in part as amended and detailed in Doc. 145-1; 3) the Governments request for compensatory mitigation is DENIED; 4) the Governments request for a $1,500,000 civil penalty is DENIED as to the amountand GRANTED as to a form of relief. Smith is ORDERED to pay a CWA civil penaltyof $78,000; and 5) It is further ORDERED that pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil Procedure, the Court has appointed a consultant, Gene Todia, to monitor compliance with the temporary restorative injunction set forth in Doc. 145-1, (Doc. 152), and that Smith is ORDERED to pay, in annual installments, the cost of the Courts consultant. Signed by Judge Kristi K. DuBose on 9/23/2014. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
HAMILTON SMITH,
Defendant.

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CIVIL ACTION NO. 12-00498-KD-C

JUDGMENT
This bifurcated matter came before the Court for a March 31-April 4, 2014 jury trial on
liability (Phase I),1 and a June 2-3, 2014 bench trial on damages (Phase II).2
In accordance with the jury’s April 4, 2014 verdict finding Defendant Hamilton Smith
liable as to certain dams/roads (Docs. 94-6, 97-1), and the June 2014 bench trial and
subsequently entered July 24, 2014 Order and accompanying temporary restorative injunction
(Docs. 145, 145-1), it is ORDERED, ADJUDGED and DECREED that the Government’s
request for relief against Smith is DENIED in part and GRANTED in part as follows:
1) the Government’s request for entry of a permanent injunction against Smith is
DENIED;
2) the Government’s request for a temporary restorative injunction against Smith is
GRANTED in part as amended and detailed in Doc. 145-1;
3) the Government’s request for compensatory mitigation is DENIED;

1 During the Phase I trial, the jury considered Smith’s Clean Water Act (“CWA”) liability for Dams/roads
A, B, C, and D. The jury found Smith liable for Dams/roads A and B (that the forest road exemption applied but so
did recapture which removed that exemption). The jury found Smith was not liable for Dams/roads C and D (that the
forest road exemption applied and recapture did not). Thereafter, the Government filed a post-trial motion for
judgment as a matter of law regarding Dams/roads C and D (Doc. 100), which the Court granted as to D but denied
as to C (upholding the jury’s verdict on C). (Doc. 106).
2 Phase II addressed the remedies and damages for the admitted or adjudicated CWA violations by Smith
for Dams/roads A, B, D and E.

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4) the Government’s request for a $1,500,000 civil penalty is DENIED as to the amount
and GRANTED as to a form of relief. Smith is ORDERED to pay a CWA civil penalty
of $78,000; and
5) It is further ORDERED that pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil
Procedure, the Court has appointed a consultant, Gene Todia, to monitor compliance with
the temporary restorative injunction set forth in Doc. 145-1, (Doc. 152), and that Smith is
ORDERED to pay, in annual installments, the cost of the Court’s consultant.
The Court retains jurisdiction over this case in order to monitor compliance the
temporary restorative injunction (Doc. 145-1).
DONE and ORDERED this the 23rd day of September 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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