RECENT STATE DECISIONS

December 2003

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North Carolina Court of Appeals Recognizes Continuing Violation in Assessing Penalties for Hog Farm
Murphy Family Farms v. North Carolina Dep’t of Environmental and Natural Resources

A North Carolina Court of Appeals upheld a state environmental agency’s decision to penalize a hog farm for discharging waste into state waters. Although the hog farm committed only one release of waste into the water, the state agency may assess a penalty for each day the waste remained in the water as a continuing violation.