ELR Citation: 44 ELR 20011
No(s). 12-31234 (5th Cir. Dec 23, 2013)

The Fifth Circuit upheld the conviction and sentencing of the former owner of a wastewater treatment facility who allowed the disposal of untreated wastewater into U.S. waters without a permit. The former owner argued that the lower court erred in excluding evidence about the lack of environmental harm caused by the discharges. But evidence of environmental harm is not an element of any of the charged offenses, nor would the lack of environmental harm absolve him of criminal liability—liability based solely on the act of discharging untreated water. As such, any error in excluding this evidence was harmless. Nor was there any procedural error regarding his sentence. Last, the sentence was within the guideline range and therefore presumed to be substantively reasonable. The owner failed to rebut this presumption with evidence that the district court improperly considered a factor, failed to take into account a factor, or made a clear error in balancing the factors.