What a Criminal Needs to Know Under Section 1319(c)(2) of the Clean Water Act: How Far Does 'Knowingly' Travel
Abstract
This thesis focuses on the facts the government must prove a defendant knew in order to convict him of a knowing violation under section 13 19(c)(2) of the Clean Water Act. The thesis begins with introductory comments and then discusses the status of this issue as reflected in the divergent opinions in the Courts of Appeals and how the issue has been affected by subsequent cases, and closes with a recommendation for how courts should decide this issue. The thesis focuses on five decisions by the federal Courts of Appeals cases that have ruled on the issue of what the government must prove that a person knew in order to convict someone of a knowing violation. There is a split of opinion in the federal circuit courts with the Second, Eighth and Ninth Circuit Courts of Appeals deciding the cases in favor of the prosecution, and the Fourth and Fifth Circuits ruling in favor of the defense. The Fourth and Fifth Circuits have ruled that the government must prove that a person knew that he did not have a permit to discharge pollutants into waters of the United States; whereas the Second, Eighth and Ninth Circuits have not required proof that a defendant knew his actions violated his permit to discharge pollutants. The thesis concludes that courts should not require proof that a person knew that he did not have a permit to discharge pollutants into the waters of the United States. Criminal sanctions should be imposed on an individual who knowingly engages in conduct that results in a permit violation regardless of whether the polluter knows about the requirements of the permit or even the existence of the permit.
Document Details
- Document Type
- Technical Report
- Publication Date
- Aug 31, 2001
- Accession Number
- ADA395117
Entities
People
- Thomas R. Uiselt
Organizations
- Air Force Institute of Technology