United States of America v. Gibson Wine Co.
Published: Feb. 23, 2018 | Result Date: Feb. 5, 2018 | Filing Date: Dec. 19, 2015 |Case number: 1:15-cv-01900-AWI-SKO Settlement – $330,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Andrew W. Ingersoll
(U.S. Dept. of Justice)
Cheryl Ann Luke
(U.S. Dept. of Justice)
Claire H. Woods
(Natural Resources Defense Council)
Defendant
James T. Dufour
(Dufour Law)
Justin T. Campagne
(Campagne & Campagne APC)
Thomas E. Campagne
(Campagne & Campagne)
Facts
The United States sued Gibson Wine Co. in relation to an anhydrous ammonia release at Gibson's wine-making facility that occurred after a Gibson employee accidentally opened the wrong valve at the facility.
Contentions
PLAINTIFF'S CONTENTIONS: The U.S. alleged that the Environmental Protection Agency discovered in an investigation that Gibson violated the Clean Air Act when it failed to design and maintain a safe facility, failed to identify hazards, and failed to reduce the effects of an accidental release. The U.S. further claimed that Gibson failed to promptly notify the National Response Center and the California Office of Emergency Services of the release when it first became aware of the release.
DEFENDANTS’ CONTENTIONS: Gibson denied the violations.
Result
Gibson did not admit liability but agreed to pay a $330,000 civil penalty fee and agreed to improve its facility.
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