Tribe Immunity Doesn't Shield Wetlands Dumping, Judge Says

Law360 (October 9, 2019, 6:43 PM EDT) -- A federal magistrate judge has found that a Shinnecock Indian Nation member who is accused of continually dumping pollutants into Long Island wetlands is not protected by sovereign immunity and recommended that a preliminary injunction be issued against him.

U.S. Magistrate Judge A. Kathleen Tomlinson found that Gordon Smith Sr. of the Shinnecock Indian Nation Territory has flouted the Clean Water Act since 2013 by filling the wetlands near Shinnecock Bay in Southampton, New York, with fill-material pollutants, according to a report and recommendation in New York federal court last week. The judge called on the court to grant the federal...

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