8th Circ. Reverses EPA Penalty Against Service Oil

Law360, New York (January 4, 2010, 3:12 PM EST) -- A federal appeals court has reversed a penalty leveled against Service Oil Inc. by the U.S. Environmental Protection Agency over stormwater disposal, saying that the EPA's decision to base the amount of the penalty on the company's failure to comply with permit application regulations rather than on unlawful discharges was outside the agency's statutory authority.

The U.S. Court of Appeals for the Eighth Circuit, in a decision penned by chief judge James B. Loken on Dec. 28, overturned the $35,460 penalty against Service Oil for Clean...
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