WARD v. COLEMAN

No. 77-1952.

598 F.2d 1187 (1979)

L.O. WARD, Appellant, v. William G. COLEMAN, Jr., Individually, and as Secretary of Transportation of the United States of America, Russell E. Train, Individually, and as Administrator of the Environmental Protection Agency of the United States of America, and Admiral Owen W. Silar, Individually, and as Commandant United States Coast Guard, United States of America, Appellees. L.O. WARD d/b/a L.O. Ward Oil and Gas Operations, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 10, 1979.


Attorney(s) appearing for the Case

Stephen Jones, Enid, Okl. (David Butler, Enid, Okl., on the brief), for appellant.

Michael A. McCord, Dept. of Justice, Washington, D.C. (Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D.C., Larry D. Patton, U.S. Atty., Richard F. Campbell, III, Asst. U.S. Atty., Oklahoma City, Okl., Carl Strass, Dept. of Justice, Washington, D.C., on the brief), for appellee.

Kea Bardeen, Denver, Colo. (James G. Watt, Denver, Colo., on the brief), as amicus curiae for Mountain States Legal Foundation, Independent Petroleum Ass'n of the Mountain States, and Rocky Mountain Oil and Gas Ass'n, Denver, Colo.

Harold B. Scoggins, Jr., Washington, D.C., on the brief for amici curiae Independent Petroleum Ass'n of America.

W. Bland Williamson and Terry R. Doverspike, Tulsa, Okl., on the brief for amici curiae Oklahoma Independent Petroleum Ass'n.

Fred A. Gipson, Seminole, Okl., Richard S. Roberts, Wewoka, Okl., and Richard Bohanon, Oklahoma City, Okl., on the brief for amici curiae Energy Consumers and Producers Assn.

Before HOLLOWAY, BARRETT and McKAY, Circuit Judges.


BARRETT, Circuit Judge.

L.O. Ward (Ward) appeals from a judgment in an action seeking recovery of civil penalties assessed against him by the United States Coast Guard (Coast Guard) pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq. (FWPCA).

Ward is the owner and operator of L.O. Ward Oil and Gas Operations — a sole proprietorship. On March 23, 1975, oil overflowed from a drilling site located in Garfield County...

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