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U.S. v. RUTHERFORD OIL CORPORATION

Civil Action No. G-08-0231.

756 F.Supp.2d 782 (2010)

UNITED STATES of America, Plaintiff, v. RUTHERFORD OIL CORPORATION, et al., Defendants.

United States District Court, S.D. Texas, Galveston Division.

August 31, 2010.

Attorney(s) appearing for the Case

John David Gunter, T. Monique Jones, U.S. Department of Justice, Washington, DC, Paul Alexander Petty, U.S. Army Corps of Engineers Office of Counsel, Galveston, TX, for Plaintiff.

Robin Clay Hoblit, Hoblit Ferguson Darting LLP, William W. Pierson, Royston Rayzor et al., Corpus Christi, TX, Michael Keith Eaves, Attorney at Law, Beaumont, TX, for Defendants.

MEMORANDUM AND OPINION

LEE H. ROSENTHAL, District Judge.

This is an action under the Clean Water Act ("CWA"), 33 U.S.C. §§ 1311, 1344, and the Rivers and Harbors Act ("RHA"), 33 U.S.C. § 403. The United States seeks injunctive relief and civil penalties for what it alleges are five separate instances of illegal "prop washing" in East Galveston Bay between February 2003 and August 2004. "Prop washing" occurs when vessels are operated in shallow...

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