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Manitoba, Province of v. Salazar

Citation: 40 ELR 20074
No. No. 02-2057, (D.D.C., 03/05/2010)

The Ninth Circuit affirmed a corporate officer’s conviction under RCRA relating to the illegal storage of hazardous waste. The officer argued that the United States could charge and obtain a conviction against the corporation or him, but not both. The court disagreed. Both the corporation and the officer qualify as “persons” under RCRA. The United States did not rely on the responsible corporate officer doctrine or any other theory of derivative liability to establish the officer’s guilt, but proved each element of the crime with respect to the officer individually. The fact that the officer at all times acted in his corporate capacity and on behalf of the corporation does not mean he could not be held personally liable.