United States v. The Texas Pipe Line Company

LOGAN, Circuit Judge.

This is an appeal from summary judgment in favor of the United States in its action against The Texas Pipe Line Company (the Company) to collect a $2,500 civil penalty assessed by the United States Coast Guard under the Federal Water Pollution Control Act (FWPCA or the Act), 33 U.S.C. § 1251, et seq. The issues on appeal are whether the discharge of oil involved was into “navigable waters” within the meaning of the FWPCA, and if so, whether the penalty was excessive.

The facts are undisputed. The Company’s pipeline running through a farm in Atoka County; Oklahoma, was…