Spade Engineering Co. v. State Department of Environmental Protection

FRANK, Acting Chief Judge.

The Department of Environmental Protection (DEP) sued Spade Engineering Co., James F. Spade, and Rookery Bay Utility Company, collectively referred to as Rookery Bay, for failure to remedy environmental problems at a wastewater treatment plant. Rookery Bay was held in contempt, and further sanctions were imposed when it failed to purge the contempt. We are required to consider whether Rookery Bay was afforded the correct process and whether the penalties were appropriate.

Rookery Bay entered into a consent final judgment in January of 1994, which required certain…