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United States v. Lambert

ELR Citation: 13 ELR 20489
Nos. No. 81-255-Orl-Civ-R, 19 ERC 1055/(M.D. Fla., 03/28/1983) Motion for jury trial denied

The court rules that a jury trial is unavailable to a defendant facing civil penalties under §309 of the Federal Water Pollution Control Act. The court finds no support for granting a jury trial in the Act's legislative history, and finds the civil penalty to be in the nature of a deterrent to statutory violations rather than damages.

[A related decision is reported at 13 ELR 20045 — Ed.]

Counsel for Plaintiff
Lawrence R. Liebesman, Rosanne Mayer
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2807

Counsel for Defendants are listed at 13 ELR 20045.