ELR Citation: ELR 20763
No(s). 92-6376-CIV (S.D. Fla. Dec 3, 1993)

The court holds that the president of a company that imported and resold foreign automobiles is liable for violations of Clean Air Act (CAA) §203, which prohibits the importation of new motor vehicles not covered by a certificate of conformity issued by the U.S. Environmental Protection Agency. The court finds uncontested the government's statement of material facts, and based on those facts holds the company liable for violations of the CAA and the regulations thereunder. The court holds the company's president personally liable for the company's violations because the company did not observe any corporate formalities, its officers did not perform their corporate functions, and the president was actively involved in the violations that occurred. Also, if the violations were attributable only to the company, which is now defunct, an inequitable result would follow as the company has no assets adequate to pay any civil penalty that might be assessed against it. Further, the president admitted that he is both a "person" and a "manufacturer" as defined by the CAA and is, therefore, subject to the CAA's provisions. The court reserves the issue of penalties for trial, holding that arguments raised by the company and its president, and the facts addressed in their pleadings and motions, present questions of fact with regard to penalties.

Counsel for Plaintiff
Daniel S. Jacobs
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Ariel Poplack
4700-B Sheridan St., Hollywood FL 33022
(305) 967-8400