United States v. Bay-Houston Towing Co., Inc.

DECISION ON CIVIL PENALTIES

COHN, District Judge.

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I. Introduction

A. Nature of the Case

This is the civil penalty phase of an environmental action brought by the United States at the request of the Environmental Protection Agency (EPA) pursuant to § 309 of the Clean Water Act (CWA), 33 U.S.C. § 1251, et seq. EPA seeks in-junctive relief and civil penalties relating to defendant Bay-Houston Towing Company, Inc.’s Michigan Peat Division’s (Michigan Peat) 1 peat mining 2 activities on 950 acres of land in Minden Township, Sanilac County, Michigan on a parcel known as…