ELR Citation: ELR 20489
No(s). 81-255-Orl-Civ-R (M.D. Fla. Mar 28, 1983)

The court rules that a jury trial is unavailable to a defendant facing civil penalties under §309 of the Federal Water Pollution Control Act. The court finds no support for granting a jury trial in the Act's legislative history, and finds the civil penalty to be in the nature of a deterrent to statutory violations rather than damages.

[A related decision is reported at 13 ELR 20045 — Ed.]

Counsel for Plaintiff
Lawrence R. Liebesman, Rosanne Mayer
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2807

Counsel for Defendants are listed at 13 ELR 20045.