The tale of the late Joe Robertson, the then 77 yr old vet jailed for building ponds on his own land in Montana in 2016.
77-Year-Old Vet Faces 15 Years In Jail For BUILDING PONDS - June 22, 2016
A 77-year old Montana resident is facing 15 years in federal prison for building ponds on and near his own property, charged by the federal government for discharging dredged and fill material.
The man, disabled veteran Joseph Robertson, also could be fined around $750,000.
“I’m facing 15 years and three-quarters of a million in fines,” Robertson told the Billings Gazette. “What they’re doing to me, the feds, they shouldn’t have the ability to.”
Robertson is scheduled to be sentenced in federal court on July 20, charged with polluting “waters of the United States” and for violating the Clean Water Act.
He says he built the ponds — nine total — to water his horses and protect his property from fire. The EPA and the US Army Corps of Engineers contend Robertson violated the Act by building the ponds, which sit near a wetland. The government argues that the water should be regulated because it flows into Cataract Creek, and then into the Boulder River, and finally into the Jefferson River, which is about 60 miles away from his property.
A federal jury, upon hearing from EPA and Corps experts, found Robertson guilty on April 7, the newspaper reported.
“This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,” Mike Cotter, the US Attorney for the District of Montana, said. https://www.offthegridnews.com/current-events/77-year-old-vet-faces-15-years-in-jail-for-building-ponds/
Last Update March 28 2019
Sadly he died about this time last year. But his widow was continuing the battle. Not sure where it stands now, this is as of March last year.
This Veteran, Who Supplied Water to Firefighters, Went to Prison for Digging Ponds - Kevin Mooney March 28, 2019
Robertson, sentenced in 2016, completed his 18 months behind bars in late 2017. He was still on parole for the next 20 months when he died March 18 at age 80 of natural causes, according to his widow.
Pacific Legal Foundation filed papers this week to substitute Robertson’s widow, Carri Robertson, as the petitioner in the appeal to the Supreme Court. https://www.dailysignal.com/2019/03/28/clean-water/