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United States v. Harford Sands, Inc.

ELR Citation: 14 ELR 20337
Nos. No. Y-83-896, 575 F. Supp. 733/20 ERC 2264/(D. Md., 12/13/1983)

The court rules that defendant is liable for failing to report results of emission tests ordered by the Environmental Protection Agency (EPA) under §114(a)(1) of the Clean Air Act. The court rules that unless the testing order was unreasonable, which defendant does not claim, defendant has no defenses to liability. The court holds that summary judgment on liability is appropriate even though defendant maintained in its brief that it performed the tests. An unverified assertion is not enough to raise a genuine issue of fact, and in any case, whether defendant performed the tests is immaterial. Its failure to report the results makes it liable. The court also rules that defendant's subsequent cooperation with state officials and lack of knowledge of wrongdoing are no defenses to liability.

Counsel for Plaintiff
Scott C. Fulton
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4353

Donna Helen Triptow, Ass't U.S. Attorney
U.S. Cthse., 101 W. Lombard St., Baltimore MD 21201
(301) 539-2940

Counsel for Defendant
Richard D. Bennett
Marr, Bennett & Carmody
Suite 430, 10 N. Calvert St., Baltimore MD 21202
(301) 539-4250