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Hudson Stations, Inc. v. EPA

ELR Citation: 11 ELR 20728
Nos. No. 80-1830, 642 F.2d 261/15 ERC 1828/(8th Cir., 03/12/1981)

The court upholds a penalty of $3,000 assessed by the Environmental Protection Agency (EPA) against the corporate owner of a gasoline station. The station violated EPA's motor vehicle fuel regulations promulgated under §211(c) of the Clean Air Act by equipping a leaded gasoline pump with a nozzle intended for use only on an unleaded pump. The court holds that EPA properly considered a total structure of interlocking corporations when applying its "size of business" criterion in determining the amount of the penalty. The court also finds that the amount of the penalty is consistent with EPA's penalty assessment guidelines and that it was not arbitrary for the Agency to conclude that a penalty of that size would not adversely affect appellant's ability to continue in business.

Counsel for Appellant
Joseph H. Moore
Hentzen, Moore & Willy
408 Seville Sq., Kansas City MO 64112
(816) 756-1930

Counsel for Appellee
Nancy J. Marvel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3140

Ronald S. Reed, U.S. Attorney
549 U.S. Cthse., Kansas City MO 64106
(816) 374-3122

Joined by Heaney and Ross, JJ.