Chesapeake Foundation v. Gwaltney of Smithfield, Ltd.

MEMORANDUM

MERHIGE, District Judge.

Before the Court is the question of the amount that ought to be assessed, in civil penalties, against defendant for polluting Virginia’s waters in violation of the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (the “Act”). The Court has already determined, in granting plaintiffs’ motion for partial summary judgment on the issue of liability, that defendant has violated the Act; the parties do not now contest liability. They do, however, differ over (i) defendant’s maximum liability for its violations; and (ii) the appropriate penalty for those violations.…