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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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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law

Citgo Petroleum Corp., In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.

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

The Energy Law

District Court Judge Dee Drell (Western District, LA) recently denied a motion to alter or amend the Court’s judgment against CITGO Petroleum Corp.– Charles refinery. CITGO Petroleum Corp., CITGO Petroleum Corp., allowing an $81 million judgment against the oil company to stand. In the original judgment , U.S.