ELR Citation: ELR 20220
No(s). s. 07-3341, 08-1691 (3d Cir. Sep 24, 2009)

The Third Circuit upheld individuals' convictions and sentences for, among other things, knowingly violating EPA work practice standards for the handling and disposal of asbestos-containing material. The violations stem from asbestos-abatement activities that the individuals were hired to perform in conjunction with the demolition of a low-income public residential community. The evidence presented at trial was sufficient to permit the jury to conclude beyond a reasonable doubt that one of the individuals was an "owner or operator" of the asbestos-abatement project within the meaning of the CAA. Similarly, the court upheld the individuals' convictions for knowingly and willfully transmitting falsified air-monitoring reports to the Virgin Islands Housing Authority under 18 U.S.C. §1001(a), as the evidence was sufficient to establish §1001(a)'s falsity, federal jurisdiction, and mens rea requirements. The court also rejected the individuals' various challenges to the lower court's determination of their respective sentences.