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UNITED STATES v. CF INDUSTRIES, INC.

No. Civil 4-81-752.

542 F.Supp. 952 (1982)

UNITED STATES of America, Plaintiff, v. CF INDUSTRIES, INC., and Southern Towing Company, and Memphis Towing Company, Inc., Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 15, 1982.

Attorney(s) appearing for the Case

James M. Rosenbaum, U. S. Atty., and Ann D. Montgomery, Asst. U. S. Atty., Minneapolis, Minn., and Nancy J. Marvel, Attorney, Environmental Enforcement Section, Dept. of Justice, Washington, D. C., for plaintiff.

Eugene M. Warlich, Stephen T. Refsell, Doherty, Rumble & Butler, P. A., Minneapolis, Minn., and Michael J. Hogg, C. F. Industries, Inc., Long Grove, Ill., and James W. Rankin, L. Mark Wine, Kent A. Zigterman, Kirkland & Ellis, Chicago, Ill., for defendant CF Industries.

Thomas J. Flynn, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, Minn., and Gary T. Sacks, Goldstein & Price, St. Louis, Mo., for defendants Southern Towing and Memphis Towing.

MacLAUGHLIN, District Judge.

This action involves a claim by the United States that the defendants discharged a pollutant into the Mississippi River without having obtained a permit for such discharge in violation of section 301(a) of the Clean Water Act (CWA), 33 U.S.C. § 1311(a). The government seeks to recover a statutory penalty of $10,000 for the violation under section 309(d) of the CWA, 33 U.S.C. § 1319(d). The issue raised on the motions now before...

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