PIRG v. Powell Duffryn Terminals, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “A civil penalty must be high enough to insure that polluters cannot simply absorb the penalty as a cost of doing business.”
• majority of violations exceeded permit by over 200%; approximately ¡é of violations exceeded permit by 400%; substantial number of violations exceeded permit by over 1000%
• “A civil penalty must be high enough to insure that polluters cannot simply absorb the penalty as a cost of doing business.”
• defendant failed to demonstrate that assessing a severe penalty would jeopardize the defendant’s continued operations; defendant’s claims that it was in a relatively poor economic position were not persuasive
• “the fact that defendant violated its permit by discharging more pollutants than authorized means that the restoration and enhancement of the river’s water quality was inhibited and therefore, the objective of the Act was frustrated.”
• injunction issued where plant was “adequate”

Source: CourtListener parenthetical corpus (CC0).