Judge considers bid to stop alleged Shinnecock wetlands dumping

A federal magistrate Tuesday reserved her decision on the government’s request for an order to stop a member of the Shinnecock Indian tribe from dumping what prosecutors say is construction, demolition and landscaping materials into wetlands on tribal lands in Southampton Town.

Magistrate A. Kathleen Tomlinson ruled after a hearing in federal court in Central Islip on the government’s request for a preliminary injunction against the actions of Gordon Smith, who, officials say, is harming the wetlands.

Eastern District Assistant U.S. Attorney Vincent Lipari said the government is seeking the injunction to ensure that no damage to the wetlands occurs while the government continues a civil lawsuit against Smith.

That suit, filed in July, seeks to permanently stop Smith’s alleged dumping in the wetlands. It also seeks to have him pay a fine and fund the restoration of the wetlands under the supervision of the federal Environmental Protection Agency.

Smith, 62, acting as his own attorney, said the federal government had no right to tell him what to do on his land because as “a member of the Shinnecock tribe … self-governing since the beginning of time” the suit was “a violation of my ancestral rights … imposing on me on tribal land.”

The suit says that Smith has been dumping bricks, gravel, dirt, rebar and concrete into the wetlands since 2013.

Smith said he has not been dumping but has been putting up “barriers since 1983“ to prevent overflow from the wetlands, flooding and damage to his property, as most recently occurred with superstorm Sandy. He added that he has since stopped making what he considers to be barriers against flooding

The Shinnecock wetlands are legally considered “navigable waters” whose use can be regulated by the federal government, and are part of the greater Shinnecock Bay system, according to the federal suit. The wetlands help improve the area’s water quality, protect erosion of the shoreline, and serve as wildlife habitat, the suit says,

Shinnecock Indian Nation officials have tried to prevent Smith’s actions, but Smith would not cooperate, according to the suit. The Shinnecock officials then requested help from the federal government, the suit said.

By Robert E. Kessler

Robert.Kessler@newsday.com

Bob Kessler covers federal law, including law enforcement agencies such as the FBI, DEA, IRS and ATF, as well as the federal courts.