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U.S. v. CITGO PETROLEUM CORP.

No. 11-31117.

723 F.3d 547 (2013)

UNITED STATES of America, on behalf of ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY, Plaintiff-Appellant/Cross-Appellee v. CITGO PETROLEUM CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 2013.

Attorney(s) appearing for the Case

John Emad Arbab, Jason Tyler Barbeau, U.S. Department of Justice, Washington, DC, Karen Julian King, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, Edwin M. Quinones, U.S. Environmental Protection Agency, Dallas, TX, for Plaintiff-Appellant Cross-Appellee.

Edward C. Lewis, Fulbright & Jaworski, L.L.P., Houston, TX, Richard E. Sarver, Trial Attorney, Craig Isenberg, Esq., Andrea Mahady Price, Barrasso, Usdin, Kupperman, Freeman & Sarver, L.L.C., New Orleans, LA, for Defendant-Appellee Cross-Appellant.

Before JONES, BARKSDALE, and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

The United States brought suit against CITGO Petroleum Corporation, seeking civil penalties and injunctive relief under the Clean Water Act ("CWA"). After a bench trial, the district court imposed a $6 million penalty against CITGO and ordered injunctive relief. The United States appeals, arguing the amount of the penalty is inadequate. CITGO cross-appeals, arguing the district court lacked jurisdiction. There is jurisdiction, but...

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