ELR Citation: ELR 20097
No(s). 93-8-JJF (D. Del. May 13, 1993)

The court holds that §105(b) of the Marine Protection, Research, and Sanctuaries Act (MPRSA), which imposes criminal liability on an individual that knowingly violates the Act, merely requires that the actions constitute the offense, in this case the dumping of obnoxious material into the ocean, be done consciously, and does not require knowledge of the statutory provision. Referring to the legislative history of the MPRSA, the court's interpretation of §§1411(a) and 1415(b) of the Act does not render the sections redundant. Although §1411(a) appears to prohibit only conscious acts, the regulations promulgated pursuant to that section have no knowledge requirements. Thus, the distinction between the civil and criminal provisions of §1415 remains meaningful. Civil penalties can be imposed on the basis of strict liability, whereas criminal penalties can be imposed only if the acts are done consciously.

Counsel for Plaintiff
Richard G. Andrews, Ass't U.S. Attorney
U.S. Attorney's Office
Chemical Bank Plaza
1201 Market St., Ste. 1100, P.O. Box 2046, Wilmington DE 19899
(302) 573-6277

Howard P. Stewart, Christina Steck
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
Marc B. Tucker, Scott E. Schroeder
Skadden, Arps, Slate, Meagher & Flom
One Rodney Sq., Wilmington DE 19801
(302) 651-3000