United States Ex Rel. Administrator of Environmental Protection Agency v. CITGO Petroleum Corp.

LESLIE H. SOUTHWICK, Circuit Judge:

The United States brought suit against CITGO Petroleum Corporation, seeking civil penalties and injunctive relief under the Clean Water Act (“CWA”). After a bench trial, the district court imposed a $6 million penalty against CITGO and ordered injunctive relief. The United States appeals, arguing the amount of the penalty is inadequate. CITGO cross-appeals, arguing the district court lacked jurisdiction. There is jurisdiction, but we conclude the district court erred in failing to provide a reasonable approximation of economic benefit as required under the…