ELR Citation: ELR 21385
No(s). 84-CV-413 (N.D.N.Y. Jul 19, 1990)

The court refuses to approve a consent decree in a citizen suit under the Federal Water Pollution Control Act (FWPCA) that provides for payments to three private conservation organizations. The court holds that FWPCA civil penalties do not have to be paid to the U.S. Treasury. Congress expressly provided that fines and penalties may be used to fund research, development, and other projects that further FWPCA goals. The court also holds that the $25,000 payable to the conservation organizations constitutes a civil penalty under the FWPCA. The defendant has not received any undeserved publicity from the payment to the conservation groups, since defendant is no longer operating the plant that is the subject of this suit. The court holds that the payments proposed by the decree do not have to be directly related to remedying the harm caused by defendants, especially since defendant has not been operating its plant since 1986. However, the court holds that the penalties should not be paid to private entities in this case. The court notes that payments to a state water pollution fund or environmental protection program would be acceptable.

Counsel for Plaintiff
Kathryn A. Bleecker
Squire, Sanders & Dempsey
1201 Pennsylvania Ave. NW, P.O. Box 407, Washington DC 20044
(202) 626-6600

Jan S. Kublick
Davoli, McMahon & Kublick
500 S. Salina St., Ste. 816, Syracuse NY 13202
(315) 424-1105

Counsel for United States
David Drelich
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 382-2090

Charles J. Sheehan
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Jean M. McCarroll
Berle, Kass & Case
45 Rockefeller Plaza, New York NY 10111
(212) 765-1800