Archive for October, 2017

Ninth Circuit Rejects Mental Capacity Defense for RCRA Permit Violations

Tuesday, October 24th, 2017

The Ninth Circuit in United States v Spatig, 870 F.3d 1079 (9th Cir. 2017) recently held that defendants may not escape conviction under the Resource Conservation and Recovery Act’s (RCRA) criminal enforcement provisions by invoking the “lack of mental” capacity defense. Because RCRA’s criminal provisions require only a showing that the defendant “knowingly” committed the acts giving rise to the criminal allegations (as opposed to specifically intending the result), the defendant’s conviction for storing hazardous materials at an unpermitted location was upheld.

Category news | Tags: