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PEPPERELL ASSOCIATES v. U.S. E.P.A.

No. 00-1708.

246 F.3d 15 (2001)

PEPPERELL ASSOCIATES, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided April 11, 2001.

Attorney(s) appearing for the Case

Martha C. Gaythwaite and Friedman Babcock & Gaythwaite on brief for petitioner.

Lois J. Schiffer, Assistant Attorney General, and D. Judith Keith, Trial Attorney, Environmental & Natural Resources Division, of the Environmental Defense Section, U.S. Department of Justice, and Andrew Gordon, David Drelich, and Tonia Bandrowicz, of the Environmental Protection Agency, on brief for respondent.

Before SELYA, LYNCH and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

This case illustrates the perils facing a small business that does not determine whether it is subject to regulation under 33 U.S.C. § 1321, the oil spill provision of the Clean Water Act. Pepperell Associates operates a business out of an old textile mill building in Lewiston, Maine. In October 1996, a rupture in a gasket on a boiler caused an oil spill in the boiler room of the building. Some three- to four-hundred gallons of the oil ultimately...

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