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Fifth Circuit Vacates $6 Million Clean Water Act Penalty

The Energy Law

By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration.

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New Judge, Same Result – $81 Million CWA Civil Penalty Appealed

The Energy Law

Charles refinery. As a result, Judge Haik imposed a civil penalty of $1,500 per barrel spilled – for a total of $81 million – and significantly increased the penalty of $111 per barrel in his original judgment. The EPA sought a penalty of $4,300 per barrel. In the original judgment , U.S. CITGO Petroleum Corp.,