UNITED STATES of America, Plaintiff-Appellee,
v.
SMITHFIELD FOODS, INCORPORATED; Smithfield Packing Company, Incorporated; Gwaltney of Smithfield, Ltd., Defendants-Appellants.
Michigan Chamber of Commerce; Pennsylvania Chamber of Business and Industry; Colorado Association of Commerce and Industry; American Automobile Manufacturers Association; American Meat Institute; American Petroleum Institute; Independent Petroleum Association of America; Integrated Waste Services Association; National Association of Manufacturers, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 26, 1998.
Decided: September 14, 1999.
Attorney(s) appearing for the Case
ARGUED: John G. Roberts, Jr., Hogan & Hartson, L.L.P., Washington, D.C., for Appellants. Joan M. Pepin, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Patrick M. Raher, James T. Banks, Audrey J. Anderson, Patrick D. Traylor, Hogan & Hartson, Washington, D.C.; Anthony F. Troy, James E. Ryan, Jr., James S. Crockett, Jr., Mays & Valentine, L.L.P., Richmond, Virginia, for Appellants. Lois J. Schiffer, Assistant Attorney General, John T. Stahr, Sarah D. Himmelhoch, United States Department of Justice, Washington, D.C.; Nadine Steinberg, United States Environmental Protection Agency, Washington, D.C.; Yvette Roundtree, Office of Regional, Region III, United States Environmental Protection Agency, Philadelphia, Pennsylvania, for Appellee. Charles E. Barbieri, Lisa J. Gold, Foster, Swift, Collins & Smith, P.C., Lansing, Michigan; LeRoy S. Zimmerman, Mark D. Bradshaw, Eckert, Seamans, Cherin & Mellott, L.L.C., Harrisburg, Pennsylvania; L. Duane Woodard, Brenman, Bromberg & Tenenbaum, P.C., Denver, Colorado, for Amici Curiae Michigan Chamber of Commerce, et al. Scott M. Duboff, Wright & Talisman, P.C., Washington, D.C., for Amici Curiae Automobile Manufacturers, et al.
Before ERVIN and HAMILTON, Circuit Judges, and ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge ANDERSON joined.
OPINION
ERVIN, Circuit Judge:
Smithfield Foods, Inc. ("Smithfield") appeals a grant of summary judgment in favor of the United States finding Smithfield liable for multiple Clean Water Act violations. Smithfield also challenges the court's imposition of a corresponding $12.6 million...
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