ELR Citation: ELR 20197
No(s). 86-5333 (9th Cir. Oct 12, 1989)

In a decision designated as not for publication, the court upholds the conviction of a chemical manufacturing company for knowingly disposing of hazardous waste without a permit in violation of §3008(d)(2) of the Resource Conservation and Recovery Act. The district court properly determined that a finding of specific intent to violate the statute is not required. The district court need only find that defendant knew it disposed of hazardous waste and that there was no permit. The evidence supports the district court's conclusion that defendant knew the waste it disposed of was hazardous.

Counsel for Plaintiff-Appellee
Janet Goldstein
U.S. Attorney's Office
312 N. Spring St., Los Angeles CA 90012
(213) 894-2434

Counsel for Defendant-Appellant
Nicholas Dewitt
Paul, Hastings, Janofsky & Walker
555 S. Flower St., 23rd Fl., Los Angeles CA 90071
(213) 683-6000