U.S. v. MUNICIPAL AUTHORITY OF UNION TP.

No. 97-7115.

150 F.3d 259 (1998)

UNITED STATES of America v. The MUNICIPAL AUTHORITY OF UNION TOWNSHIP; Dean Dairy Products Company, Inc, d/b/a Fairmont Products, Inc., Dean Dairy Products, Inc. d/b/a Fairmont Products, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 20, 1998.


Attorney(s) appearing for the Case

Gary A. Peters, Steven C. Kohl (Argued), Howard & Howard, Bloomfield Hills, MI, for Appellant.

Lynn P. Dodge (Argued), United States Department of Justice, Environmental Enforcement Section, Washington, DC, for Appellee.

John G. Roberts, Jr., Hogan & Hartson, Washington, DC, for Amicus-Appellant American Frozen Food Institute.

Paul G. Wallach, Hale & Dorr Washington, DC, for Amicus-Appellant International Dairy Foods Association, and The Grocery Manufacturers of America.

Kathy D. Bailey, Chadbourne & Parke, Washington, DC, for Amicus-Appellant Chemical Manufacturer Association, and American Automobile Manufacturers Association.

Before: SLOVITER, RENDELL and HEANEY, Circuit Judges.


SLOVITER, Circuit Judge.

Appellant Dean Dairy Products, Inc., d/b/a Fairmont Products, Inc., appeals the district court's imposition of a $4,031,000 civil penalty against it for Clean Water Act violations. Dean Dairy contends that the district court erred when it assessed the economic benefit Dean Dairy gained during the period of the Clean Water Act violations on the basis of Dean Dairy's "wrongful profits." Dean Dairy also contends that the district court improperly...

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