[Download] "Sierra Club v. Simkins Industries Inc." by United States Court of Appeals for the Fourth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Sierra Club v. Simkins Industries Inc.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 31, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Simkins Industries, Inc. (Simkins) appeals from a judgment entered against it in a citizen suit brought by Sierra Club pursuant to § 505 of the Clean Water Act, 33 U.S.C. § 1365. The district court held that Simkins was liable under the Clean Water Act for failing to comply with the terms and conditions of Simkins National Pollutant Discharge Elimination System (NPDES) permit by failing to file quarterly reports from August 1, 1981, to March 31, 1984, Sierra Club v. Simkins Industries, Inc., 617 F. Supp. 1120 (D. Md. 1985) (granting partial summary judgment on liability), and assessed civil penalties in the amount of $977,000 ($1,000 per day of violation). Simkins argues on appeal that Clean Water Act citizen suits may not be properly founded on such reporting violations and that citizen-plaintiff Sierra Club has not established a continuing violation within the meaning of Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49, 108 S. Ct. 376, 98 L. Ed. 2d 306 (Dec. 1, 1987). We disagree. We also perceive no merit in Simkins challenged to Sierra Clubs standing; the district courts calculation of civil penalties; and the district courts denial of Simkins belated motion for recusal. We therefore affirm the district courts judgment on liability and civil penalties.