ELR Citation: ELR 20068
No(s). 03-1721 (2d Cir. Mar 31, 2005)

The Second Circuit affirmed individuals' convictions for violating the Clean Air Act's (CAA's) asbestos work practice standards but vacated the individuals' sentences. The lower court's instructions, which permitted the jury to convict the individuals without finding that they were aware of asbestos regulation, was not erroneous. The CAA presupposes a knowledge that asbestos is a regulated material. Yet in imposing a sentence enhancement, the court erred by considering state permitting requirements that are arguably inapplicable to the individuals. The case was therefore remanded with instructions to conduct resentencing.