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Real Estate Developer Sentenced to Jail for Filling Protected Mississippi Wetlands

William R. "Rusty" Miller, a real estate developer from Fairhope, Ala., was sentenced today in federal district court in Gulfport, Miss., for the unpermitted filling of wetlands near Bay St. Louis, Miss., in violation of the Clean Water Act, announced Acting Assistant Attorney General Robert G. Dreher of the Justice Department's Environment and Natural Resources Division, U.S. Attorney Gregory K. Davis for the Southern District of Mississippi and Special Agent in Charge Maureen O'Mara of the EPA's Criminal Program in Mississippi. Miller was sentenced to serve 15 months, with nine months in prison and six months in home confinement, to be followed by one year of supervised release. Miller also was ordered to pay a $15,000 fine and to pay $19,246 in restitution. Miller was sentenced by Chief United States District Judge Louis Guirola Jr. Miller pleaded guilty in December 2013 and admitted to having caused the excavation and filling of wetlands on a 1,710 acre parcel of undeveloped property in Hancock County, Miss., west of the intersection of Route 603 and Interstate 10. The charging document to which Miller pleaded guilty identified him as a part-owner of corporations that purchased and intended to develop the land. According to the felony information, in 2001 when Miller and his companies acquired the property, he was informed by a wetland expert that as much as 80 percent of the land was federally protected wetland connected by streams and bayous to the Gulf of Mexico and as such could not be developed without a permit from the U.S. Army Corps of Engineers. Wetland permits typically require that developers protect and preserve other wetlands to compensate for those they are permitted to fill and destroy. In spite of additional notice he had received of the prohibition against filling and dr


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