Criminal penalty provisions, §113(c)
United States v. Gunselman
The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase...
United States v. Chau
The court vacates and remands an individual's sentence for asbestos cleanup violations. The individual pleaded guilty to knowingly violating the Clean Air Act (CAA) as well as to obstruction of justice and was sentenced to 51 months in...
United States v. Hunter
The court affirms a district court conviction and sentencing of an individual for six counts of violating the Clean Air Act's (CAA's) asbestos national emissions standard for hazardous air pollutants. The individual argued that the CAA...
United States v. Bragg
The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The...
United States v. A-Abras Inc.
The court affirms a district court's oral sentence requiring a contractor to pay a municipal fine at a specified rate as a condition of his guilty plea to a federal charge of supervising and controlling the illegal removal of asbestos...
Promise and Reality in the Enforcement of the Amended Clean Air Act Part II: Federal Enforceability and Environmental Auditing
Editors' Summary: This Article is the second in a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence"...
Promise and Reality in the Enforcement of the Amended Clean Air Act Part I: EPA's "Any Credible Evidence" and "Compliance Assurance Monitoring" Rules
Editors' Summary: This Article is the first of a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence" rule...
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