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United States Fifth Circuit


NEWELL RECYCLING COMPANY, INC. v. EPA, 99-60694

Information about when the EPA actually knew of a site's conditions is not significantly probative of any fact relevant to a statute of limitations determination. If an administrative fine does not exceed the limits prescribed by the statute authorizing it, the fine does not violate the Eighth Amendment.

Appellate Information

  • Decided 11/08/2000
  • Published 11/08/2000

Judges

  • DUHÉ, Circuit Judge:, Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Reese L. Harrison, Jr. (argued), Angela M. Sanchez, Paul David Barkhurst, Oppenheimer, Blend, Harrison & Tate, San Antonio, TX, for Petitioner.

  • For Appellees:
  • Karen Lee Egbert (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Carol Browner, Environmental Protection Agency, Washington, DC, for Respondent.
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