A real estate developer in Georgia is facing a major lawsuit after being accused of the destruction of thousands of artifacts.
WTOC 11 reported that Savannah Land Holdings is being sued by the federal government due to violations of the permit that governs construction activity on wetlands. The company is accused of failing to adequately protect cultural resources on the Waterways site in Richmond Hill.
The company was granted a 404 permit by the Army Corps of Engineers, but it did not fulfill its obligations. According to the Environmental Protection Agency, a 404 permit requires developers to meet several conditions before construction can begin. These include historical preservation, and developers are obligated to report any artifacts or human remains to the appropriate state and/or tribal organization.
The lawsuit accuses the company of "extensive violations" of the permit beginning in September 2023: "These violations included improper handling, misplacement, or destruction of artifacts, human remains, and funerary objects, which the PA required the permittee to document and curate."
Among the violations was the improper curation of 80,000 artifacts, and "approximately 3,000 artifacts have been either lost or disposed of."
The government is seeking a pause on development and civil penalties. It's usually only in extreme cases that the government will seek to criminally prosecute 404 permit violations. One such occasion occurred in 2005 in the Lucas v. United States, where the plaintiffs were fined over $5 million and jailed for 87 to 105 months. The conviction was upheld by the Supreme Court in 2008.
The story underscores the importance of adequate enforcement of laws to protect the environment. Whether at the federal or state level, the work to uphold environmental laws never ends.
That's why it's so important to think carefully about the elected officials worth supporting and to remember that often the most consequential conservation actions happen locally. Equally, it's crucial to be wary of companies that tout their green credentials while not living up to them.
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