Jury Finds Defendant in Violation of Clean Water Act 404

The U.S. Supreme Court in April 1987 ruled that the Seventh Amendment guarantees a jury trial to determine the question of liability in government enforcement actions seeking civil penalties under the Clean Water Act, Tull v. United States. In what appears to be the first such jury trial, a jury in western Pennsylvania found that a landowner-developer had discharged fill material into wetlands without a permit in violation of §404 of the Clean Water Act. At a later date, the court will determine the appropriate remedy for the violation.