Smithfield environmental fine of $12 mln affirmed
Date: 16-Sep-99
Country: USA
The decision by the United States Court of Appeals in Richmond, Va.,
upholding a District Court decision, said Smithfield Foods and its
subsidiaries violated the Clean Water Act.
Smithfield argued that the federal government had no right to impose a
fine because the firm could exceed the limits of its permit under an
agreement with the Virginia Department of Environmental Quality.
But in a unanimous decision by a three-judge panel handed down Tuesday,
the Fourth Circuit court said the federal government could seek
penalties when a company's violations, "had a significant impact on the
environment and the public."
Lois Schiffer, assistant attorney general for the environment and
natural resources division at the Justice Department, said the decision
affirmed the government when Virginia did not.
The appellate court said one minor error was made by the lower court,
which could lower the $12.6 million fine by between $100,000 and
$200,000.