By Andrew H. Perellis and Philip L. Comella

In an important decision concerning the application of the Resource Conservation and Recovery Act of 1976 (RCRA) criminal penalties, the U.S. Supreme Court recently held, in Southern Union Co. v. US, __ U.S. ___, 132 S.Ct. 2344, 2012 WL 2344465 (June 21, 2012), that the duration of misconduct underlying the imposition
Continue Reading Supreme Court Holds that Jury, not Court, Must Decide Duration of Misconduct Underlying Criminal Fines under RCRA

By Andrew H. Perellis

The U.S. Sixth Circuit Court of Appeals recently upheld, in United States v. Long, No. 09-1863 (6th Cir., December 2, 2011), the criminal conspiracy conviction of an industrial waste treatment facility plant manager. In April 2009 the District Court had sentenced the defendant to two concurrent prison terms of twenty-four months. The defendant appealed his

Continue Reading Plant Manager Gets Two Years Prison Sentence for Clean Water Act Criminal Conspiracy