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United States v. Elias

ELR Citation: 30 ELR 20558
Nos. No. 98-0070-E-BLW, 50 ERC 1587/(D. Idaho, 04/26/2000)

The court reinstates two convictions against a Resource Conservation and Recovery Act (RCRA) defendant even though he should have been charged under Idaho's hazardous waste program, which was approved by the U.S. Environmental Protection Agency (EPA). The court first holds that EPA's approval of Idaho's program did not displace the federal penalties contained in RCRA §3008 and replace them with Idaho's penalties. The substantive provisions of RCRA that make it a crime to dispose of hazardous waste without a permit were supplanted by EPA's approval of Idaho's program, but the penalty provisions of RCRA were not supplanted.

The court then holds that the government's mis-citation in the indictment does not warrant a reversal of the defendant's RCRA convictions. There is no evidence that the charged statute broadened the definition of the crime or would result in punishment more severe than that available under the proper statute. Moreover, the defendant failed to demonstrate how he would be prejudiced by the mis-citation.

[No counsel available at this printing.]