High Court Takes On Gas Co.’s $18M Mercury Fine

Law360, New York (November 28, 2011, 1:12 PM EST) -- The U.S. Supreme Court on Monday agreed to hear natural gas provider Southern Union Co.’s challenge of an $18 million criminal fine for illegally storing mercury at a Rhode Island facility following a First Circuit ruling that the penalty wasn’t excessive.

In granting Southern Union’s petition for certiorari, the high court is tackling its interpretation of the Resource Conservation and Recovery Act, which authorizes “a fine of not more than $50,000 for each day of violation.” The court will consider whether its interpretation of the Sixth...
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