United States v. Humphries, No. 11-50383 (9th Cir. 2013)
Annotate this CaseDefendant appealed his conviction for illegally storing hazardous wastes without a permit in violation of the Resources Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(d)(2). The hazardous wastes at issue were used toluene and excess methanol. The court affirmed the conviction, holding that the district court properly instructed the jury that, for purposes of the RCRA, "disposal" of hazardous waste begins not with an individual's subjective decision to dispose but with an act of disposal.
Court Description: Criminal Law. Affirming a conviction for illegally storing hazardous wastes without a permit in violation of the Resource Conservation and Recovery Act, the panel held that the district court properly instructed the jury that, for purposes of RCRA, “disposal” of hazardous waste begins not with an individual’s subjective decision to dispose but with an act of disposal.
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