· 12/2/1994
United States v. B & W Investment Properties and Louis Wolf
Citations
- 38 F.3d 362
- 1994 WL 580907
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding CAA \impose[s] strict liability on violators\
- “[I]n considering fines under the Act, courts generally presume that the maximum penalty should be imposed.”
- “In considering fines under the [Clean Air] Act, courts generally presume that the maximum penalty should be imposed.”
- “B & W exercised control over the parcel sufficient to bring [it] within the scope of ‘owner or operator’ designation because its name appeared on court papers and on a contract with an asbestos cleanup company.”
- in noting there is no notice requirement for regulation of hazardous air pollutants, the court states that section 113(a) like section 113(b) distinguishes SIPs from section 112 violations and similarly incorporates an explicit notice requirement into the former, but not into the latter
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Bauer, Cudahy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.