Legal Opinion

Sinclair Oil Corp. v. Scherer

Court of Appeals for the Tenth Circuit

Decided October 7, 1993No. 92-8042PublishedCited by 18 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

The sole question presented by this appeal is whether an administrative penalty action was previously settled in a prior consent decree between the parties. The trial court held the consent decree barred the administrative action. We reverse.

Background

Sinclair Oil Corporation operated a petroleum refinery in central Wyoming, and in conjunction therewith, hazardous waste management units known as separator ponds. The ponds were closed under an Environmental Protection Agency (EPA) approved plan. Thereafter, EPA issued two orders relating to the refinery. The first order…

2Cases cited10 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Local Number 93, International Ass'n of Firefighters v. City of ClevelandSupreme Court of the United States · 1986
  3. United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
  4. United States v. Armour & Co.Supreme Court of the United States · 1971
  5. Debra Walker v. The United States Department of Housing and Urban Development v. The Housing Authority of the City of DallasCourt of Appeals for the Fifth Circuit · 1990

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Jones v. HubbardCourt of Appeals of Maryland · 1999
  2. Pope v. Gap, Inc.New Mexico Court of Appeals · 1998
  3. Evoqua Water Techs. v. M.W. WatermarkCourt of Appeals for the Sixth Circuit · 2019
  4. Dennis H. Huguley v. General Motors CorporationCourt of Appeals for the Sixth Circuit · 1995
  5. Johnson v. Lodge 93 of the Fraternal Order of PoliceCourt of Appeals for the Tenth Circuit · 2004

13 more not listed; retrieve them via the Exa API.

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