FOR IMMEDIATE RELEASE ENR MONDAY, FEBRUARY 26, 1996 (202) 514-2008 TDD (202) 514-1888 MALL OF AMERICA DEVELOPER AGREES TO SAVE VALUABLE CHICAGO WETLANDS WASHINGTON, D.C. -- In an innovative wetlands settlement, one of the nation's largest developers, Melvin Simon & Associates, Inc., agreed today to donate property in suburban Chicago to restore and preserve valuable wetlands that the government alleges the company destroyed during construction of a retail shopping center. Simon has agreed to turn over an 11-acre plot -- part of a property with an estimated market value of up to $850,000 -- to the local park district in the Village of Bridgeview. The company will also create and enhance wetlands on a nearby 22-acre plot to replace areas buried under the first phase of the Bridgeview Court shopping mall development. All of the property is considered wetlands that are a sometime home to migratory birds and to rare plant species. Simon, the second-largest shopping mall developer in the country, is a privately-held company with headquarters in Indianapolis. The company also developed the $700 million Mall of America near Minneapolis, the largest mall in the United States. Under today's agreement, entered by a U.S. District Court in Chicago, Simon will also pay a $170,000 civil penalty. Local park districts will maintain the wetlands preserves and host environmental education projects for the public. The donated land was originally designated to be the second phase of the shopping mall development but had long been targeted for preservation by local nature conservationists. "By protecting these valuable natural resources, Simon says it wants to be a good neighbor to the people of Chicago," said Lois J. Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. "Today's settlement shows that, despite the heated rhetoric on both sides of the wetlands debate, our program is working -- and working well." The agreement resolves a 1994 enforcement action by the Justice Department on behalf the Environmental Protection Agency, Region 5. The government's lawsuit contended that Simon had violated Section 404 of the Clean Water Act by disturbing and filling in wetlands without a permit while constructing the Bridgeview Court shopping mall. Simon began construction of the mall in the late 1980's. The mall has since opened for business. Simon has denied any wrongdoing but agreed today to this innovative settlement package. The shopping mall and adjacent properties lie in the historic Chicago Lake Plain, once a significant wetland buffer surrounding the southern shoreline of Lake Michigan. Wetlands are areas saturated by surface or groundwater and often support valuable fish, wildlife and plant species. Wetlands include swamps, marshes and bogs and are often the only places where fish and wildlife can live and thrive. In addition, wetlands draw water from nearby areas, helping to protect homeowners and crops from flood damage. The case is United States v. Bridgeview Joint Venture et al, docket number 94-C-3184 (N.D. Ill.) ### 96-070