United States v. Chevron Oil Company, the California Division

RONEY, Circuit Judge:

This appears to be the first appellate case concerning harm to the environment within the context of the penalty provisions of the Federal Water Pollution Control Act Amendments of 1972. In this case the issue is clearly presented as to whether or not the definition of harm to the environment promulgated by the Executive Branch pursuant to the statute must yield in a particular situation when the evidence shows that no harm in fact resulted to the environment from the spill in question.

In this action brought by the United States against defendant Chevron Oil Company to…