United States v. General Motors Corporation

RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT’S ALTERNATIVE MOTION TO DISMISS

CLARIE, Chief Judge.

This case has been submitted on cross-motions for summary judgment under Fed.R.Civ.P. 56 and the defendant’s alternative motion to dismiss pursuant to Fed.R.Civ.P. 12. The facts have been stipulated, and the Government has filed the Coast Guard’s administrative record at the Court’s request. 1

The case involves the United States Coast Guard’s assessment of a $1,200 civil penalty against the defendant as a result of an oil spill at its New Departure Hyatt Bearing Division plant in…