Legal Opinion

United States v. Alcan Foil Products Division of Alcan Aluminum Corporation, and Third-Party Atlantic Richfield Company, Third-Party

Court of Appeals for the Third Circuit

Decided November 21, 1989No. 88-6300PublishedCited by 4 opinions

1Opinion of the Court

LIVELY, Senior Circuit Judge.

This case arose under the Clean Air Act as amended, 42 U.S.C. § 7401 et seq. (the Act). The government brought this enforcement action in the district court pursuant to section 113(a) of the Act, 42 U.S.C. § 7413(a). It alleged that Alcan’s Louisville, Kentucky aluminum foil products plant was emitting air pollutants known as volatile organic compounds (VOC), which are precursors in the formation of ozone, in excess of the limits prescribed by Kentucky’s state implementation plan (SIP). The complaint prayed for an injunction and damages of $25,000 for each day the…

2Cases cited12 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
  3. Brock v. Pierce CountySupreme Court of the United States · 1986
  4. United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
  5. Stanley v. SchwalbySupreme Court of the United States · 1893

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3Cited by4 opinions

  1. General Motors Corp. v. United StatesSupreme Court of the United States · 1990
  2. Natural Resources Defense Council, Inc. v. Administrator, U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1990
  3. Natural Resources Defense Council, Inc. v. Administrator, U.S. Environmental Protection Agency, American Iron and Steel Institute, American Mining Congress, Alabama Power Company, National Coal Association, Intervenors. American Mining Congress v. U.S. Environmental Protection Agency and Administrator, American Iron and Steel Institute, Alabama Power Company, Natural Resources Defense Council, Intervenors. American Iron and Steel Institute v. Administrator of the U.S. Environmental Protection Agency and U.S. Environmental Protection Agency, Alabama Power Company, American Mining Congress, Natural Resources Defense Council, Intervenors. American Iron and Steel Institute v. U.S. Environmental Protection Agency and Administrator, Alabama Power Company, American Mining Congress, Natural Resources Defense Council, Intervenors. American Iron and Steel Institute v. U.S. Environmental Protection Agency, Alabama Power Company, Natural Resources Defense Council, Intervenors. American Mining Congress v. U.S. Environmental Protection Agency, Alabama Power Company, National Coal Association, Natural Resources Defense Council, IntervenorsCourt of Appeals for the D.C. Circuit · 1990
  4. United States v. Alcan Foil Products Division of Alcan Aluminum Corporation, and Third-Party Atlantic Richfield Company, Third-PartyCourt of Appeals for the Third Circuit · 1989

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