United States v. ILCO, Inc.

FAY, Circuit Judge:

This case is an enforcement action filed by the United States Environmental Protection Agency and the State of Alabama against a secondary lead smelter for violations of federal and state environmental law. The district court held the defendant liable and awarded civil penalties and cleanup costs to the government, and ordered compliance with the law. Although the government received a favorable decision, it has appealed the district court’s conclusion that the lead components reclaimed from spent batteries are raw materials. The district court reasoned that because the…