CHESAPEAKE BAY FOUNDATION v. GWALTNEY OF SMITHFIELD

Civ. A. No. 84-0366-R.

611 F.Supp. 1542 (1985)

CHESAPEAKE BAY FOUNDATION, et al., Plaintiffs, v. GWALTNEY OF SMITHFIELD, LTD., Defendant.

United States District Court, E.D. Virginia, Richmond Division.

June 26, 1985.


Attorney(s) appearing for the Case

Jeter M. Watson, Chesapeake Bay Foundation, Richmond, Va., James Thornton, Natural Resources Defense Council, Inc., New York City, Ann Powers Gailis, Scott Burns, Chesapeake Bay Foundation, Inc., Annapolis, Md., for plaintiffs.

H. Woodrow Crook, Jr., Smithfield, Va., Anthony F. Troy, James E. Ryan, Jr., George A. Somerville, Mays, Valentine, Davenport & Moore, Richmond, Va., for defendant.

J. Robert Brame, III, McGuire, Woods & Battle, Richmond, Va., for Ralston.


MEMORANDUM

MERHIGE, District Judge.

Before the Court is the question of the amount that ought to be assessed, in civil penalties, against defendant for polluting Virginia's waters in violation of the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (the "Act"). The Court has already determined, in granting plaintiffs' motion for partial summary judgment on the issue of liability, that defendant has violated the Act; the parties do not now contest...

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