Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 13U.S. Environmental Protection Agency, 2006 |
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Page 237
... penalty for the alleged violations . Administrative Law Judge ( " ALJ " ) Spencer T. Nissen found Cut- ler liable for the violations alleged in the complaint , but assessed a $ 1,250 penalty . The ALJ's penalty assessment turned in part ...
... penalty for the alleged violations . Administrative Law Judge ( " ALJ " ) Spencer T. Nissen found Cut- ler liable for the violations alleged in the complaint , but assessed a $ 1,250 penalty . The ALJ's penalty assessment turned in part ...
Page 239
... penalty for these alleged viola- tions . The ALJ found Cutler liable for the alleged violations , but assessed a pen- alty of $ 1,250 - considerably less than the penalty proposed by the Region . In re Donald Cutler , Docket No. CWA ...
... penalty for these alleged viola- tions . The ALJ found Cutler liable for the alleged violations , but assessed a pen- alty of $ 1,250 - considerably less than the penalty proposed by the Region . In re Donald Cutler , Docket No. CWA ...
Page 240
... penalty , and the ALJ's apparent conclusion that Cutler could afford to pay a penalty of no more than $ 1,250.5 The Board ultimately assessed a $ 5,548 pen- alty . Id . at 655 . Following the issuance of the Board's final decision , the ...
... penalty , and the ALJ's apparent conclusion that Cutler could afford to pay a penalty of no more than $ 1,250.5 The Board ultimately assessed a $ 5,548 pen- alty . Id . at 655 . Following the issuance of the Board's final decision , the ...
Page 250
... penalty reduction by way of proving mitigating circumstances , but fails in vindi- cating its conduct , the respondent has not " prevailed " for EAJA purposes . This conclusion is consistent with a number of other federal cases in which ...
... penalty reduction by way of proving mitigating circumstances , but fails in vindi- cating its conduct , the respondent has not " prevailed " for EAJA purposes . This conclusion is consistent with a number of other federal cases in which ...
Page 251
... ( penalty ruling ) . On appeal of the district court's denial of EAJA fees , the Eighth Circuit held as follows : " Sheyenne is not a prevailing party . The United States successfully sought the imposition of a penalty against Sheyenne ...
... ( penalty ruling ) . On appeal of the district court's denial of EAJA fees , the Eighth Circuit held as follows : " Sheyenne is not a prevailing party . The United States successfully sought the imposition of a penalty against Sheyenne ...
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administrative Agency Agency's air quality ALJ's alleged appeal application argument asbestos BACT analysis BACT limits Board Brief capacitors Christian County citing clear error coal compliance schedule concluded ConocoPhillips considered count D.C. Cir determination draft permit effluent limits emissions limits enforcement Environmental EPA's EPS's Euclid explained failed federal FIFRA filed Final Permit hazardous waste Howmet IEPA IEPA's IEPA's response impacts Indeck Init Initial Decision issue LTCP major stationary source Martex ment monitoring NAAQS NPDES NPDES permit NSR Manual OCS source PCB waste Penalty Policy permit decision permit issuer pesticide Petition Petitioners argue pollutant Prairie State's proposed Facility protection PSD permit public comment period RCRA record Region regulatory remand requirements Response to Comments Sierra Club SMRO specifically spent material tion U.S. EPA violations WASA water quality standards