United States v. Massachusetts Bay Transp. Auth.
Citation: 10 ELR 20150
No. No. 79-1512, 614 F.2d 27/14 ERC 1046/(1st Cir., 01/31/1980)
Reversing the district court, the First Circuit Court of Appeals orders that civil penalties be assessed against appellee under § 311 of the Federal Water Pollution Control Act for unauthorized discharges of oil into navigable waters. Although § 311(a)(7) of the Act does not specifically list municipalities as subject to the prohibitions of that section, § 502 defines the term "person" to include municipalities and thus brings appellee within the purview of § 311.
Counsel for Appellant
Edward F. Harrington, U.S. Attorney; Richard D. Glovsky, Ass't U.S. Attorney
1107 John W. McCormack P.O. & Courthouse, Congress St., Boston MA 12109
James W. Moorman, Ass't Attorney General; Raymond W. Mushal, Carl Strass, Gail Osherenko
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Counsel for Appellee
Gerald M. Coakley, Ass't General Counsel
Massachusetts Bay Transportation Authority
50 High St., Boston MA 02110
Before Coffin, Aldrich & Campbell, JJ.