# FISHERY ENHANCEMENT COPORATION
> **Judicial** · FY1983 · — · Litigated No Penalty
## Case
- **Activity ID:** `65`
- **Case Number:** 01-1983-0007
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- FISHERY ENHANCEMENT COPORATION (complaint)
## Summary

THERE IS A THREATENED DEPOSIT BY FISHERY ENHANCEMENT       CORPORATION ( FEC ) OF SEVERAL THOUSAND TIRES INTO THE       ATLANTIC OCEAN OFF THE MASSACHUSETS COAST.  THE THREATENED   DUMPING WOULD REQUIRE AN EPA PERMIT.  THIS REQUIREMENT HAS   PREVIOUSLY BEEN LITIGATED IN FEDERAL DISTRICT COURT, WHERE   THE COURT OBSERVED THAT,  PEOPLE OR COMPANIES WISHING TO     BUILD REEFS OR STRUCTURES MUST OBTAIN CLEARANCE FROM THE     ENVIRONMENTAL PROTECTION AGENCY.   (READ IN CONTEXT IT IS    CLEAR THAT THE COURT MEANT THAT EITHER A PERMIT MUST BE OB-  TAINED, OR THAT THE CONDITIONS FOR AN EXEMPTION MUST BE MET. SEE 40 CFR 220.1(C).)                                          AN ENVIRONMENTAL GROUP, CONSERVATION LAW FOUNDATION        ( CLF ), HAS ALREADY COMMENCED AN ACTION IN THE FEDERAL DIS- TRICT COURT IN MASSACHUSETTS TO ENJOIN THE DEPOSIT.  A PRE-  LIMINARY INJUNCTION HEARING WILL BE HELD ON JULY 25, 1983.   THE U.S. ATTORNEY'S OFFICE HERE IN BOSTON ADVISES, AND WE    AGREE, THAT CLF'S SUIT IS TECHNICALLY DEFICIENT BECAUSE IT   SEEKS TO ENFORCE A COURT ORDER RESULTING FROM THAT PRIOR     LITIGATION, WHICH MERELY DISMISSED FEC'S COMPLAINT, BUT DID  NOT ENJOIN THE DUMPING.                                        THE UNITED STATES SHOULD BEGIN ITS OWN ACTION FOR INJUNC-  TIVE RELIEF.  SUCH AN ACTION WOULD LIKELY BE CONSOLIDATED    WITH THAT OF CLF.  OUR HOPE IS THAT THIS ACTION CAN BE FILED QUICKLY ENOUGH THAT THE FEDERAL GOVERNMENT WILL BE ABLE TO   PARTICIPATE AS A PARTY IN NEXT MONDAY'

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