Civil Procedure Keyed to Cound
Tull v. United States
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The Federal Government brought suit against the Petitioner, a real estate developer, for dumping fill material on wetlands in Virginia in violation of the Act. The Government claimed that Petitioner dumped on three sites and a waterway. Section 1319 of the Act listed remedies in the form of injunctions and civil penalties. The Government sought both remedies against the Petitioner; however, when the complaint was filed most of the property had been sold, except for a small portion of land, thereby making imposition of the injunction impractical. The Government sought $22,890,00 in civil penalties. The District Court denied Petitioner’s request for a jury trial and found for the Government, though drastically reduced the amount of the civil penalties. The Court of Appeals affirmed on the issue of Petitioner’s right to a trial by jury.
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