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ORGULF TRANSPORT CO. v. U.S.

Civ. A. No. C88-0049P(J).

711 F.Supp. 344 (1989)

ORGULF TRANSPORT CO., Petitioner, v. UNITED STATES of America c/o United States Coast Guard Respondent.

United States District Court, W.D. Kentucky, Paducah Division.

April 12, 1989.

Attorney(s) appearing for the Case

James B. Harrison and William R. Ellis, Wood & Lamping, Cincinnati, Ohio, for petitioner.

Roger J. Marzulla and Peter W. Colby, U.S. Dept. of Justice, Land & Natural Resources Div., Lee R. Tyner, Office of Gen. Counsel, Environmental Protection Agency, Lt. Ronald Kilroy, U.S. Coast Guard, Washington, D.C., and Richard Dennis, U.S. Atty., Louisville, Ky., for respondent.

MEMORANDUM OPINION

JOHNSTONE, Chief Judge.

Unlike the current 10.1 million gallon Valdez oil spill in Prince William Sound, this case involves a $100.00 fine for a five-gallon oil spill on the Ohio River. Although the spill and fine are both small, they raise important issues concerning the interpretation and enforcement of the Clean Water Act.

FACTS

Approximately five gallons of diesel fuel...

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