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Criminal Law

United States v. CITGO Petroleum Corp.

A district court denied the U.S. government's motion to empanel a sentencing jury to determine an oil company's gross pecuniary gain stemming from CAA and Migratory Bird Treaty Act violations. After the company was convicted under both...

United States v. Agosto-Vega

A district court held that a research institute must turn over documents relating to its methyl tertiary butyl ether (MTBE) study to one of the plaintiffs in a consolidated multi-district case against several gasoline companies for...

United States v. Holden

The Sixth Circuit upheld individuals' conviction for impeding a U.S. Environmental Protection Agency investigation at a water treatment facility in Mount Pleasant, Tennessee. The district court did not abuse its discretion by excluding...

United States v. Warr

The Ninth Circuit affirmed an individual's 10-year sentence for starting nine wildland fires on National Forest Service land. The lower court did not err in calculating the advisory sentencing guidelines range when it included fire...

United States v. W.R. Grace

The Ninth Circuit held that a district court had the authority to order and enforce the pretrial disclosures of government witnesses and evidentiary documents in a pending criminal case concerning a mining operation in Libby, Montana. A...

United States v. W.R. Grace

The Ninth Circuit reversed and remanded certain lower court pretrial orders that excluded government witnesses and studies in a case concerning the release of asbestos-contaminated vermiculite at a mine. The lower court exceeded its...

United States v. Abrogar

The court vacates and remands a six-level sentencing enhancement imposed against the operator of a foreign vessel for failing to keep an accurate "oil record book" in violation of §1908(a) of the Act to Prevent Pollution From Ships...

United States v. Hillyer

The court vacates an individual's sentence for illegally dredging North Carolina's Croatan Sound during a bridge construction project and remands the case for resentencing. The district court misapplied U.S. Sentencing Guideline...

Living Designs, Inc. v. E.I. DuPont de Nemours & Co.

The court reverses and remands a district court ruling in favor of a fungicide manufacturer that allegedly induced settlement of several commercial nurseries' prior products liability litigation in violation of the Racketeer Influenced...

United States v. Kuhn

The court holds that a district court erroneously granted a four-level downward departure in the sentencing of an individual for improperly discharging a pollutant into navigable waters and causing an employee to falsify test results to...