EPA v. PEERLESS DISTRIBUTING CO.

Case summary

PEERLESS IMPORTED LEADED GASOLINE IN VIOLATION OF EPA LEAD STANDARDS FOR TWO QUARTERS: 11/01/82 THROUGH 03/01/83 AND 04/01/83 THROUGH 06/30/83. PENALTY ASSESSED AT $10,000 PER DAY FOR EACH DAY OF VIOLATION. HOWEVER, GASOLINE HAD BEEN IMPORTED ONLY 6 DAYS DURING THE TWO QUARTERS, WITH ONLY 5 DAYS WHERE THE IMPORTED LEADED GASOLINE HAD BEEN IN VIOL- ATION. ATTORNEYS FOR PEERLESS ARGUED THAT THE MAXIMUM PLTY, THEREFORE, WAS $50,000: $10,000 FOR EACH DAY GASOLINE HAD BEEN IMPORTED IN VIOLATION OF LEAD STANDARD. DOJ WAS RELUC- TANT TO BRING THE CASE BECAUSE THEY FELT DEFENDANT'S ARGU- MENT HAD MERIT & THIS WAS NOT A GOOD CASE TO LITIGATE FOR THAT REASON. THERE WAS LOTS OF PRESSURE FROM DOJ TO SETTLE. OFFERS FOR SETTLEMENT FROM DEFENDANT WERE NEVER ABOVE $7000. FINALLY SETTLED WHEN CASE WAS BROUGHT IN DISTRICT COURT.

Defendants (1)

• PEERLESS DISTRIBUTING CO.Named in complaintNamed in settlement

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• PEERLESS DISTRIBUTING CO.entered 1985-10-15

  Primary law: CAA

  Federal penalty: $58,531

Timeline (7 milestones)

• 1983-08-31Enforcement Action Data Entered
• 1985-04-19Referred To Dept Of Justice
• 1985-07-08Complaint Filed With Court
• 1985-10-15Final Order Lodged
• 1985-10-15Final Order Entered
• 1985-10-15Concluded
• 1995-10-18Enforcement Action Closed