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CHEVRON, U.S.A., INC. v. YOST

No. 89-3845.

919 F.2d 27 (1990)

CHEVRON, U.S.A., INC., Plaintiff-Counter-Defendant-Appellee, v. Paul YOST, Commandant, U.S. Coast Guard, W.F. Merlin, Commander, U.S. Coast Guard Eighth Coast Guard District, E.L. Ervin, District Hearing Officer, U.S. Coast Guard, Eighth Coast Guard District, Defendants-Appellants, and United States of America, Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 28, 1991.

Attorney(s) appearing for the Case

Vicki L. Plaut, Atty., Martin W. Matzen, Environment & Natural Resources Div., U.S. Dept. of Justice, Appellate Section, Washington, D.C., for defendants-appellants.

M. Hampton Carver, Lindsay E. Lanaux, Milling Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., for plaintiff-counter-defendant-appellee.

Before CLARK, Chief Judge, THORNBERRY, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 28, 1991.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Chevron U.S.A., Inc. persuaded the district court that because several accidental discharges of small quantities of oil did not cause actual injury to the environment, the United States Coast Guard should not have penalized it although the spills violated applicable regulations. Today we find that the violated regulations are adequately supported by Section 311...

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