ELR Citation: ELR 20601
No(s). 71-H-195 (S.D. Tex. Oct 18, 1971)

Defendant's motion to dismiss Refuse Act prosecution denied. Statute forbids discharge from production platform even though the term is not specifically mentioned in the legislation. Offense is malum prohibitum and requires no scienter. Refuse Act not superceded by Federal Water Quality Improvement Act of 1970 which specifically disclaims any such congressional intention. Information need not state that it is not based upon immune information. Immunity is affirmative defense, the absence of which need not be pleaded anticipatorily.

Counsel for United States:
Anthony J.P. Farris, U.S. Attorney
Donald B. McFall, Asst. U.S. Attorney
515 Rusk
Houston, TX 77002
(713) 266-4765

Counsel for Humble Oil:
Walter B. Morgan, Esq.
Humble Oil & Refining Co.
800 Bell
Houston, TX 77002
(713) 221-3636