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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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