ELR Citation: ELR 21294
No(s). C88-0049P(J) (W.D. Ky. Apr 12, 1989)

The court holds that the Environmental Protection Agency's (EPA's) regulation defining an oil spill that may be harmful as that which creates a sheen is within the Agency's authority under §311(b)(3) of the Federal Water Pollution Control Act (FWPCA). Approximately five gallons of diesel fuel spill...