ELR Citation: ELR 20434
No(s). 72-2620 (9th Cir. Apr 18, 1973)

Department of Interior regulations defining as "harmful" any oil spill resulting in a sheen on the water's surface are upheld. The exception made for oil pollution produced by properly functioning engines is not an arbitrary distinction, but rather a reflection of congressional intent that commercial and environmental interests be balanced. Defendant's conviction under the Federal Water Pollution Control Act for failure to report a spill of 30 gallons is affirmed.

Counsel for Plaintiff
Bruce Carter Assistant U.S. Attorney
United States Attorney's Office
Seattle, WA 98101

Counsel for Defendant
Raymond Haman
Lane, Powell, Moss & Miller
1700 Washington Building
1325 Fourth Avenue
Seattle, WA 98101