United States v. Trident Seafoods Corporation
United States Court of Appeals for the Ninth Circuit
60 F.3d 556 (1995)
- Written by Oni Harton, JD
Facts
Trident Seafoods Corporation (Trident) (defendant) purchased and renovated a fish-cannery site. During the renovation, Trident removed asbestos at the site. A state official learned about the asbestos removal and inspected the site. The state cited Trident for failing to give advance notice of the company’s intent to remove asbestos. The Environmental Protection Agency (EPA) received notice of the violation and advised Trident that it would charge it with Clean Air Act violations unless Trident paid a $346,000 fine. Trident refused to pay the fine. The United States (plaintiff) brought an action in district court. The district court entered summary judgment in favor of the United States on the charge that Trident violated the act when it failed to provide written notice before removing asbestos. Concerning the remaining four substantive charges, the jury ruled for Trident. The district court held that failing to comply with the notice requirement was a continuing violation from the date Trident should have provided notice. The 44-day period amounted to $1,100,000, which was reduced to $64,750 based on mitigating factors.
Rule of Law
Issue
Holding and Reasoning (Skopil, J.)
Dissent (Ferguson, J.)
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