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United States v. Delian Cruises, SA

ELR Citation: 11 ELR 20264
Nos. No. 80-442, 505 F. Supp. 79/(E.D. La., 12/23/1980)

The court rules that de novo review is permitted in an enforcement action pursuant to §311 of the Federal Water Pollution Control Act to recover a $5,000 civil penalty for an alleged discharge of oil into navigable waters. After reviewing the statutory language, legislative history, and the relevant case law, the court concludes that it was the intent of Congress for the district courts to provide for de novo review, wherein the evidence is heard anew, rather than to rely upon the administrative record.

Counsel for Plaintiff
Thomas W. Snook
Civil Division
Department of Justice, Washington DC 20530
(202) 724-7317

Counsel for Defendants
Robert H. Murphy
Chaffe, McCall, Phillips, Toler & Sarpy
1500 First Nat'l Bank of Commerce Bldg., New Orleans LA 70112
(504) 568-1320