United States v. Templeton
ELR Citation: ELR 20058 No(s). s. 02-1284 et al (8th Cir. Jul 28, 2004)
The Eighth Circuit held that individuals could not be criminally prosecuted under the CWA for discharging raw sewage from a towbarge moored on the Mississippi River and used as a restaurant, bar, and gas station. Although sewage is considered a pollutant under the CWA, "sewage from vessels" is excluded from the definition of a pollutant. Here, the towbarge qualifies as a vessel under the Act because it was "capable of use" as a vessel, albeit under tow. Since the CWA does not provide criminal penalties for such discharges from "vessels," the district courtÂ’s denial of the individuals' motions for judgments of acquittal was reversed.