United States Eighth Circuit

In a petition for review of civil penalties imposed on petitioner by the EPA for violations of the Clean Water Act, the petition is granted where the EPA's authority to assess monetary penalties by administrative proceeding was limited to unlawful discharges of pollutants, not the failure to timely apply for a permit.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE, Circuit Judge, and MILLER,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Dan Nelson, argued, West Fargo, ND, for Petitioner.


• For Appellees:
  
• Adam J. Katz, argued, U.S. Dept. of Justice, Environmental & National Resource Division, Washington, DC, for Respondent.