Legal Opinion

United States v. Smithfield Foods, Inc.

District Court, E.D. Virginia

Decided August 8, 1997No. Civ. A. 2:96CV1204PublishedCited by 28 opinions

1Opinion of the Court

OPINION

REBECCA BEACH SMITH, District Judge.

This matter is before the court on the issue of the amount of civil penalties to be assessed against defendants for violations of the Clean Water Act (“Act”) § 309(b) and (d), 33 U.S.C. § 1319(b) and (d), as alleged in Counts I through VII of the Complaint. On May 30, 1997, the court granted partial summary judgment to the United States on Counts I through V. The court found defendants liable for 164 days of violation for Count V, late reporting, but deferred calculating the days of violation for Counts I through IV, the effluent violations of…

2Cases cited17 opinions

  1. Tull v. United StatesSupreme Court of the United States · 1987
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Atlantic States Legal Foundation, Inc. v. Tyson Foods, Inc.Court of Appeals for the Eleventh Circuit · 1990
  4. Public Interest Research Group of New Jersey, Inc. v. Powell Duffryn Terminals Inc.Court of Appeals for the Third Circuit · 1990
  5. Chesapeake Bay Foundation, Inc. Natural Resources Defense Council, Inc. v. Gwaltney of Smithfield, Ltd.Court of Appeals for the Fourth Circuit · 1989

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. Allegheny Ludlum CorporationCourt of Appeals for the Third Circuit · 2004
  2. United States v. Smithfield Foods, Inc.Court of Appeals for the Fourth Circuit · 1999
  3. United States v. The Municipal Authority Of Union TownshipCourt of Appeals for the Third Circuit · 1998
  4. United States v. Gulf Park Water Co., Inc.District Court, S.D. Mississippi · 1998
  5. Oregon State Public Interest Research Group, Inc. v. Pacific Coast Seafoods Co.District Court, D. Oregon · 2004

23 more not listed; retrieve them via the Exa API.

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