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Criminal penalty provisions, §3008(d)

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its...

United States v. Humphries

The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the...

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466,...

United States v. Elias

The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the...

United States v. Elias

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...

United States v. Cunningham

The court affirms a district court decision convicting a chemical company operator of illegally transporting and disposing of hazardous waste in violation of the Resource Conservation and Recovery Act. The court first holds that the...

United States v. Kelly

The court holds that a district court properly instructed a jury on the statutory elements necessary to convict the president of an underground storage tank removal company under Resource Conservation and Recovery Act (RCRA) §3008(d)...

United States v. Kelley Tech. Coatings, Inc.

The court affirms the convictions of a paint manufacturing company and its vice president for knowingly storing and disposing of hazardous waste without a permit in violation of Resource Conservation and Recovery Act (RCRA) §3008(d)(2)(...

United States v. Henry

The court upholds the conviction of the owner of a contaminated soil recycling facility under Resource Conservation and Recover Act (RCRA) §3008(d)(1) for transporting hazardous waste to an unpermitted facility. The court first holds...