U.S. v. Del Monte De Puerto Rico, Inc., No. 78-1067

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtKUNZIG
Citation586 F.2d 870
PartiesUNITED STATES of America, Plaintiff-Appellee, v. DEL MONTE DE PUERTO RICO, INCORPORATED, Defendant-Appellant.
Docket NumberNo. 78-1067
Decision Date15 November 1978

Page 870

586 F.2d 870
12 ERC 1542
UNITED STATES of America, Plaintiff-Appellee,
v.
DEL MONTE DE PUERTO RICO, INCORPORATED, Defendant-Appellant.
No. 78-1067.
United States Court of Appeals,
First Circuit.
Argued Sept. 8, 1978.
Decided Nov. 15, 1978.

Allan J. Topol, Washington, D.C., with whom Covington & Burling, Washington, D.C., Peter B. Ellis, Foley, Hoag & Eliot, Boston, Mass., Charles P. Adams, and Brown, Newsom & Cordova, San Juan, P.R., were on brief, for appellant.

Richard G. Tisch, Atty., Environmental Protection Agency, with whom Julio Morales Sanchez, U. S. Atty., San Juan, P.R., James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist and Charles E. Biblowit, Attys., Dept. of Justice, Washington, D.C., were on brief, for appellee.

Before KUNZIG, * Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

KUNZIG, Judge.

This case involves a suit against defendant-appellant Del Monte De Puerto Rico, Incorporated (Del Monte) for alleged violations of certain terms and conditions of a NPDES permit. 1 The United States District Court for the District of Puerto Rico, Judge Hernan G. Pesquera, granted the summary judgment motion of the United States (plaintiff-appellee) as to liability and then, after a hearing, ordered a fine of $125,000. Because there were disputed material issues of fact, the grant of summary judgment was inappropriate. We therefore reverse and remand.

Page 871

Del Monte operated a tuna packing facility in the City of Mayaguez, Puerto Rico. 2 On November 30, 1974, the Environmental Protection Agency (EPA) issued a National Pollution Discharge Elimination System (NPDES) permit to Del Monte. The permit governed Del Monte's discharge of pollutants from its tuna packing processing facility. Similar permits were issued to two other tuna packers located adjacent to Del Monte.

In May 1976, the United States brought suit in the U.S. District Court for the District of Puerto Rico, seeking injunctive relief and a penalty pursuant to 33 U.S.C. § 1319. The Government claimed that Del Monte had violated various conditions of its permit by (1) failing to submit final plans and specifications and failing to commence construction of treatment facilities within the time required by the permit; and (2) failing to file an application for a new permit 180 days before the old permit expired. On September 19, 1977, without an oral hearing, Judge Pesquera granted the Government's motion for summary judgment. Later, following a hearing concerned only with the imposition of a penalty, judgment was entered against defendant Del Monte in the amount of One Hundred Twenty-Five Thousand Dollars ($125,000). Del Monte now timely appeals to this court. Because the grant of summary judgment was inappropriate, we reverse and remand for further proceedings.

I. THE FAILURE TO SUBMIT FINAL PLANS AND SPECIFICATIONS AND COMMENCE CONSTRUCTION OF TREATMENT FACILITIES

Condition 11 of the permit established a schedule of compliance which contained the steps Del Monte was required to take towards reducing pollution. These steps included:

(a) the submission of an engineering report to the Environmental Quality Board of Puerto Rico (EQB) by February 28, 1975;

(b) the submission of final plans and specifications for the...

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  • Bangor Baptist Church v. STATE OF ME., ETC., Civ. A. No. 81-0180-B.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • 26 d2 Outubro d2 1982
    ...judgment must be denied where there remains the slightest doubt as to any material fact. United States v. Del Monte De Puerto Rico, Inc., 586 F.2d 870, 872 (1st Cir. 1978); Peckham v. Ronrico Corp., 171 F.2d 653, 657 (1st Cir. 1948). There are numerous material facts in genuine dispute and,......
  • Brown v. Town of Allenstown, Civ. No. 86-79-D.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • 20 d4 Novembro d4 1986
    ...be denied where there remains the "slightest doubt" as to any material fact. United States v. Del Monte De Puerto Rico, Inc., 586 F.2d 870, 872 (1st The Court is able to render a ruling on Counts II, IV, VII, and the motion to dismiss claims for punitive and enhanced damages on th......
  • Adam v. Joy Mfg. Co., Civ. No. 84-736-D.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • 23 d5 Janeiro d5 1987
    ...as to any material fact, summary judgment is inappropriate and must be denied. United States v. Del Monte de Puerto Rico, Inc., 586 F.2d 870, 872 (1st In Anderson, the Court of Appeals for the Eleventh Circuit listed several factors to consider when applying the "arbitrary and capricio......
  • Swiss v. Eli Lilly & Co., Civ. A. No. 80-0132.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 3 d2 Agosto d2 1982
    ...there is not the "slightest doubt" as to the facts material to this motion. United States v. Del Monte de Puerto Rico, Inc., 586 F.2d 870, 872 (1st Cir.1978); Peckham v. Ron Rico Corp., 171 F.2d 653, 657 (1st Cir.1948). McNeil is thus entitled to summary judgment because all claim......
  • Request a trial to view additional results
10 cases
  • Bangor Baptist Church v. STATE OF ME., ETC., Civ. A. No. 81-0180-B.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • 26 d2 Outubro d2 1982
    ...judgment must be denied where there remains the slightest doubt as to any material fact. United States v. Del Monte De Puerto Rico, Inc., 586 F.2d 870, 872 (1st Cir. 1978); Peckham v. Ronrico Corp., 171 F.2d 653, 657 (1st Cir. 1948). There are numerous material facts in genuine dispute and,......
  • Brown v. Town of Allenstown, Civ. No. 86-79-D.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • 20 d4 Novembro d4 1986
    ...be denied where there remains the "slightest doubt" as to any material fact. United States v. Del Monte De Puerto Rico, Inc., 586 F.2d 870, 872 (1st The Court is able to render a ruling on Counts II, IV, VII, and the motion to dismiss claims for punitive and enhanced damages on th......
  • Adam v. Joy Mfg. Co., Civ. No. 84-736-D.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • 23 d5 Janeiro d5 1987
    ...as to any material fact, summary judgment is inappropriate and must be denied. United States v. Del Monte de Puerto Rico, Inc., 586 F.2d 870, 872 (1st In Anderson, the Court of Appeals for the Eleventh Circuit listed several factors to consider when applying the "arbitrary and capricio......
  • Swiss v. Eli Lilly & Co., Civ. A. No. 80-0132.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 3 d2 Agosto d2 1982
    ...there is not the "slightest doubt" as to the facts material to this motion. United States v. Del Monte de Puerto Rico, Inc., 586 F.2d 870, 872 (1st Cir.1978); Peckham v. Ron Rico Corp., 171 F.2d 653, 657 (1st Cir.1948). McNeil is thus entitled to summary judgment because all claim......
  • Request a trial to view additional results

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