ELR Citation: ELR 20601
No(s). 71-G-8 (S.D. Tex. Oct 12, 1971)

Defendant's motion for dismissal of Refuse Act information denied. Discharge of refuse forbidden by Act is malum prohibitum and scienter is not an essential element of the offense. Defendant's contention that Act does not prohibit discharge from a "production platform," is affront to common sense since such a structure was without doubt of the type with which Congress was concerned when it prohibited discharges from, "a wharf manufacturing establishment, or mill of any kind."

Counsel for Plaintiff:
Ellis C. McCullough, Assistant U.S. Attorney
Anthony J.P. Farris, U.S. Attorney
P.O. Box 61129
Houston, TX 77061
(214) 226-4765

Counsel for Defendant:
Jack Brandon
Getty Oil Company Legal Department
P.O. Box 1404
Houston, TX 77001
(214) 228-9361