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Environmental: Clean Water Act – Monetary Penalty – Authority
Stephanie Maniscalco//January 7, 2010
Service Oil, Inc. v. U.S Environmental Protection Agency (MLW No. 60030/Case No. 08-2819 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.)
Where the EPA imposed a fine on the owner of a construction site that did not timely obtain a storm water discharge permit, the EPA lacked statutory authority to assess administrative penalties for failure to submit a timely permit application, so the order is vacated and remanded.
Judgment is reversed and remanded.
Service Oil, Inc. v. U.S Environmental Protection Agency (MLW No. 60030/Case No. 08-2819 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) Petition for review of an order of the Environmental Appeals Board (Michael Dan Nelson, West Fargo, N.D., argued for petitioner) (Adam J. Katz, Washington, D.C., argued for respondent).
Click here to read the full text of this opinion.
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