Man Serves Hard Time for Cleaning Dump

CNSNews.com ^ | June 18, 2003 | National Center for Public Policy Research

[microgood]

Unbelievable. I do not understand how he got the jail time by being sued in civil court.

[ChemistCat]

I want to see another article on this before I make up my mind, but there's no question that if the facts are as this article cites them, this isn't a pardonable offense as he didn't commit a crime. It needs to be overturned, not pardoned. And this whole family deserves damages and compensation from the government--federal, state, and especially local.

[ChemistCat]

Please ping your list to this one. How about HOLD MY USED TIRES...

[mhking]

"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

[expatpat]

I believe the government claimed that he committed the crime of filling in a wetlands area. I'm unhappy with this whole case, too. I first heard about it some years ago in the WSJ before he was convicted and imprisoned. I never thought he would get the jail time they were threatening him with.

[moyden2000]

Liberals are evil.

[Luke Skyfreeper]

From epa's web site:

Wetlands Criminal Enforcement

Since enactment of the Clean Water Act, EPA and the Corps have used their criminal enforcement authoritites sparingly in response to Section 404 violations. As demonstrated by the following examples, EPA and the Corps reserve their criminal enforcement authority for only the most flagrant and egregious Section 404 violations.

United States v. Pozsgai

In December 1989, a Philadelphia jury convicted John Pozsgai on 40 counts of knowingly filling wetlands in Bucks County, Pennsylvania, without a Section 404 permit. Mr. Pozsgai was sentenced to three years in jail, ordered to restore the site upon his release, and assessed a fine. His conviction and sentence have been affirmed by the U.S. Supreme Court. Even prior to purchasing the 14-acre tract in 1987, Mr. Pozsgai was told by private consultants that the site contained wetlands subject to permitting requirements of Section 404. He purchased the property at a reduced price due to the presence of wetlands, and then proceeded to ignore no fewer than ten warnings from EPA and Corps field staff to stop filling the wetlands without first getting a Section 404 permit. He also defied a temporary restraining order (TRO) issued by a Federal court judge. In fact, the government documented violations of the TRO on videtape, thanks to the cooperation of neighbors whose homes were being flooded as a result of Mr. Pozsgai’s filling in his wetlands.

[ChemistCat]

a Philadelphia jury convicted John Pozsgai

Either it was the Pennsylvania equivalent of the OJ jury, or we're being snowed by the son....

I do not think cleaning up a dump should be criminalized--there should be a high burden of proof for the government here. Thanks much for confusing me further--LOL!

[Excuse_My_Bellicosity]

Hold muh enviro-nazi alert!

[Chewbacca]

They should sue the township for knowingly selling the family a toxic waste site without cleaning it up first.

If old cars are dumps then the lead batteries in them are toxic waste.

[Blood of Tyrants]

In 2002, three environmental organizations went to federal court asking for the right to take Pozsgai to court to force him to "restore" the site.

I would be in jail for killing a few of those lousy, busybody #@$%@#$#&**@.

[auggy]

"Liberals are evil."

This is what happens when you give power to Liberals. They are usually corrupt and abuse their power. They are mostly evil. They were just dying to prosecute this guy. Sounds like to me.

One reason Bush needs to appoint conservative judges to the courts. Get these a**hole Liberals out.

[Blood of Tyrants]

That jury really needed to know about the 1000 year old right of jury nullification that allows the jury to judge the law as well as the facts.

[Quix]

WHAT A HIDEOUS MISCHARRIAGE OF JUSTICE AND AN EXTREME EXAMPLE OF BUREAUCRATIC INSANITY NO MATTER HOW YOU SLICE IT, NO MATTER ANY OTHER PERSPECTIVE EVEN IF ONLY 25% OF THESE FACTS ARE TRUE.

Besides, having heard enough of such organizations from around these parts--it sounds like business as usual. These folk have no brains and their empty heads are stuck in places the sun doesn't shine.

[Quix]

I TOTALLY AGREE WITH YOU. This guy needs what--3 X punitive damages etc.?

I'd love it if the tree huggers had to sell some trees to pay damages to this man.

And I love trees dearly. But insanity is still insanity.

[Quix]

HIDEOUS. SIMPLY HIDEOUS INSANITY.

[drhogan]

please note that, according to the EPA info posted above, this guy kept ignoring warnings and filled in the site, which then caused his neighbors' houses to flood. if any of us lived next to this guy, and he caused our houses to flood, we might not be so favorable towards him.
i think the first article (based on his daughter's testimony) may be somewhat misleading. and remember, a jury did convict him.

[farmfriend]

Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.

[tubebender]

Unbelievable Bump...

[E.G.C.]

BTTT!!!!!!!