United States v. Aluminum Co. of America

AMENDED MEMORANDUM OPINION

JUSTICE, District Judge.

Pending before the court for consideration and resolution are the government’s motion for partial summary judgment on the issue of liability for civil penalties under the Clean Water Act ("CWA”), 33 U.S.C. §§ 1251, et seq., and the cross-motion of the defendant, the Aluminum Company of America (“ALCOA”), for partial summary judgment. 1

1. UNDISPUTED FACTS

In 1973, ALCOA began to construct an aluminum plant at a site which it owned in Anderson County, Texas, approximately eight miles from the City of Palestine. ALCOA began operations at the…