NATURE OF THE CASE: THE US IS SUEING JON BRASSEY FOR DISCHARGING DREDGE & FILL MATERIAL INTO WETLANDS W/O A CWA PERMIT. TRIAL WAS HELD 7/20-22/82, IN BOISE, ID. POST-TRIAL BRIEFING WILL BE COMPLETED ON 9/30/82, W/THE COURT'S DECISION TO FOLLOW . THE DEF IS A LARGE LANDOWNER & LAND DEVELOPER W/EXTEN- SIVE HOLDINGS NEAR PLACERVILLE, ID. THE AREA IN QUESTION, COMPRISING APPROX 37 AREAS, IS OWNED BY THE DEF & IS SUR- ROUNDED BY RESIDENTIAL SUBDIVISIONS HE HAS DEVELOPED & SOLD TO MANY INDIVIDUALS. THE WETLANDS AREA IS LOCATED IN A MOUNTAIN MEADOW & LIES ADJACENT TO A CREEK WHOSE WATERS EVENTUALLY REACH THE BOISE RIVER. THE WETLANDS & THE VEG- ETATION ON IT ARE PART OF THE NATION'S NAVIGABLE WATERS FOR PURPOSES OF THE CWA. THE FACTS OF THE DEF'S CONDUCT ARE UNCONTESTED. BY 7/79 MR. BRASSEY WAS DIGGING & ENLARGING DITCHES, CUTTING & DESTROYING VEGETATION, USING EARTH MOVING EQUIPMENT TO SPREAD FILL & WAS GENERALLY MAKING MAJOR PHYSICAL CHANGES TO THE WETLANDS AREA. THESE ACTIVITIES CONTINUED INTO 1981. RESTORATION OF THE AREA TO ITS ORIGINAL CONDITION WILL BE EXPENSIVE & DIFFICULT. NEVERTHELESS, ALONG W/APP- ROPRIATE PLTY'S, THAT IS WHAT THE GOV'T IS REQUESTING. MR. BRASSEY WAS TOLD REPEATEDLY BY THE STATE & FED OFFICIALS THAT HE WAS ACTING IN VIOL OF LAW, BUT THESE WARNINGS APPARENTLY HAD NO EFFECT ON H