ELR Citation: ELR 20685
No(s). 92-30235 (9th Cir. Mar 8, 1993)

The court upholds the criminal conviction of an individual federal employee acting within the course and scope of his employment for violating the Federal Water Pollution Control Act (FWPCA) by knowingly discharging a pollutant jet fuel into the surface waters of the United States. The court holds that Congress' failure to specifically include federal employees within the definition of "person" in FWPCA §§309(c)(6) and 502(5) does not demonstrate congressional intent not to subject such persons to criminal liability. FWPCA §313(a), the only section of the Act to mention federal employees, specifically excludes federal employees acting within the scope of their employment from civil liability, but makes no mention of criminal liability. The court holds that the statute is clear and unambiguous.

Counsel for Plaintiff-Appellee
J. Carol Williams, Jeffrey Kehne
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant-Appellant
William P. Bryson
810 W. Second Ave., Anchorage AK 99501
(907) 276-8611