ELR Citation: ELR 21275
No(s). 84-0366-R (E.D. Va. Jul 18, 1988)

On remand from the Fourth Circuit, the court reinstates its civil penalty of almost $1.3 million for violations of the Federal Water Pollution Control Act (FWPCA). The court holds that it properly had jurisdiction when the FWPCA §505 citizen suit was filed. Although defendant's remedial measures have since proven effective in controlling its discharges, plaintiffs presented clear and unrefuted evidence at trial of repeated violations prior to suit, and there was at least a reasonable likelihood of a recurrence. One of defendant's own witnesses expressed doubt as to whether defendant could meet its discharge limitations. The court declines to distinguish for penalty purposes ongoing total Kjeldahl nitrogen violations from chlorination system violations.

[The Supreme Court's decision is published at 18 ELR 20142, and the Fourth Circuit's decision on remand appears at 18 ELR 20941. Earlier decisions are published at 15 ELR 20663 and 16 ELR 20636.]

Counsel are listed at 18 ELR 20941.