The United States routinely requires that its contractors comply with federal Clean Water Act provisions as a condition of awarding lucrative government contracts. An army of tow boats routinely move hundreds of barges containing millions of tons of coal on the Ohio River from docks in Pittsburgh to TVA power plants in Tennessee pursuant to government contracts.
Our client, Mike Davis, was an engineer aboard a number of these tow boats and resisted orders from his superiors to pump the dirty oil from the tow boat engines overboard into the Ohio River while pushing TVA coal barges.
The resulting False Claims Act action recovered $4.6 million from the defendants: M/G Transport Services; its parent, The Midland Company; and, the coal company, R&F Coal Company. The information that formed the basis of Mr. Davis’ False Claims Act action also resulted in a criminal conviction against the tow boat company and its captains for violations of the Clean Water Act.