McCarthy v. Chromium Process Co.

Opinion

BEACH, J.

This case arises from a stipulated judgment between the plaintiff, Gina McCarthy, the commissioner of environmental protection (commissioner), and the defendant, the Chromium Process Company.1 The defendant claims that the court erred in (1) determining that, pursuant to the terms of the stipulated judgment, it lacked the authority to assess an amount of less than $25,000 for each postjudgment violation and (2) failing to address the applicability of the writ of audita querela to the issue of penalty assessment pursuant to the stipulated judgment.2 We affirm the judgment of…