The following excerpt is from Leslie Salt Co. v. U.S., 55 F.3d 1388 (9th Cir. 1995):
Undoubtedly, civil penalties will be imposed in most cases of proven violations of the Act; however, by leaving them to the district court's discretion, more appropriate remedies may be fashioned in exceptional cases. For example, the district court may encounter situations in which the purposes of the Act are better served by seeing to it that the violator undertakes comprehensive corrective actions. See, e.g., Gwaltney v. Chesapeake Bay Found., 484 U.S. 49, 60-61, 108 S.Ct. 376, 382-83, 98 L.Ed.2d 306 (1987) (suggesting that civil penalties might be inappropriate where violator agrees to take some extreme corrective action).
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