Federal penalties apply to pollution of intermittent streams

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Nat. Resour. J.; (United States)

OSTI ID:6613738

Wright, A F

A pipeline owned by Texas Pipe Line Company (the Company) was inadvertently broken, spilling 600 barrels of oil into an unnamed creek in Atoka County, Oklahoma. The Company was not at fault in any way for the spill, nevertheless, the United States District Court for the Eastern District of Oklahoma entered summary judgment against the Company, upholding a fine of $2500 assessed by the United States Coast Guard under the Federal Water Pollution Control Act (FWPCA) for polluting navigable waters. The Company appealed, but the Tenth Circuit Court of Appeals upheld, following the standard interpretation of the commerce clause and relevant portions of the FWPCA. In affirming the decision of the lower court, it relied heavily on Coast Guard assessment officers' report. The concerns of dissenting Judge Barrett were later partially resolved in United States vs Ward which held that a fine, like that assessed here, is civil, not criminal in nature. An issue still unresolved, however, is whether the penalties must relate to the actual costs of cleanup. Future decisions may reach the issue of the relationship between fines and actual cleanup costs. 21 references.

• OSTI ID: 6613738
• Journal Information: Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 21:1; ISSN NRJOA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
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520600 -- Environment
Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
CHARGES
CIVIL LIABILITY
COST
LEGAL ASPECTS
LIABILITIES
OIL SPILLS
PIPELINES
POLLUTION CONTROL
STREAMS
SURFACE WATERS
WATER POLLUTION CONTROL