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United States v. Remington

Citation: 8 ELR 20675
No. No. 76-205, 11 ERC 2102/(D. Or., 03/21/1978)

In an action for a civil penalty and cleanup costs resulting from an oil spill, the court awards cleanup costs of $53,360.67 to the United States pursuant to § 311 of the Federal Water Pollution Control Act. Defendant was a contributing cause of the spill because he failed to take reasonable precautions against vandalism which resulted in the release of oil from a storage tank on defendant's property into the waters of the United States. The court also finds that the Coast Guard's assessment of a civil penalty, pursuant to § 311, is supported by the record, and defendant was not denied due process in the administrative proceeding.

Counsel for Plaintiff
Jack G. Collins, Thomas C. Lee, Ass't U.S. Attorneys
506 U.S. Courthouse, P.O. Box 71, Portland OR 97207
(503) 221-2101

Counsel for Defendant
Charles T. Smith
Jones, Lang, Klein, Wolf & Smith
1 S.W. Columbia, Portland OR 97258
(503) 222-4422

Allen T. Murphy
Richardson, Murphy & Nelson
218 Portland Labor Center, 201 S.W. Arthur St., Portland OR 97201
(503) 228-2366