United States Tenth Circuit

In a case involving alleged violations of the Clean Water Act, any act of ordinary negligence that leads to the discharge of a pollutant into the navigable waters of the United States is punishable whether or not the defendant knew the discharge would enter U.S. waters; the district court's acquittal of the defendant is therefore reversed.

Appellate Information

• Decided 11/02/2005
• Published 11/02/2005

Judges

• LUCERO, Circuit Judge., Before BRISCOE, BRORBY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Patricia W. Davies, Assistant U.S. Attorney, Denver, CO, (William J. Leone, Acting United States Attorney, James C. Murphy, Assistant U.S. Attorney, Denver, CO and Linda Kato, Regional Criminal Enforcement Counsel, U.S. EPA, Region 8, Denver, CO, with her on the briefs) for the Plaintiff-Appellant.


• For Appellees:
  
• Virginia L. Grady, Assistant Federal Public Defender, Denver, CO, (Raymond P. Moore, Federal Public Defender, Denver, CO and John T. Carlson, Assistant Federal Public Defender, Denver, CO, with her on the brief) for the Defendant-Appellee.