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UNITED STATES v. CHEVRON OIL CO.

No. 76-4083.

583 F.2d 1357 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. CHEVRON OIL COMPANY, The California Division, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1978.

Attorney(s) appearing for the Case

Lawrence K. Benson, John C. Christian, W. Richard House, Jr., New Orleans, La., for defendant-appellant.

Leonard P. Avery, Asst. U. S. Atty., Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Michael D. Graves, Atty., Peter R. Taft, Asst. Atty. Gen., Land & Natural Resources Div., Dept. of Justice, Bruce M. Diamond, Gen. Counsel, E.P.A., Edward J. Shawaker, Edmund B. Clark, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

RONEY, Circuit Judge:

This appears to be the first appellate case concerning harm to the environment within the context of the penalty provisions of the Federal Water Pollution Control Act Amendments of 1972. In this case the issue is clearly presented as to whether or not the definition of harm to the environment promulgated by the Executive Branch pursuant to the statute must yield in a particular situation when the evidence shows that no harm in fact resulted to...

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