United States First Circuit

A natural gas company's conviction for storing hazardous waste without a permit, is affirmed where: 1) defendant is precluded by 42 U.S.C. section 6976(b) from challenging the EPA's 2002 Immediate Final Rule authorizing Rhode Island's Resource Conservation and Recovery Act (RCRA) regulations as, because defendant failed to use the statutory procedure for judicial review, defendant may not raise the issue by collateral attack; 2) the 2002 Rule is valid and was within the EPA's authority to adopt; 3) the conviction does not violate defendant's right to fair notice under the Due Process Clause; 4) the Apprendi rule does not apply to the imposition of statutorily prescribed fines; and 5) the financial penalties imposed did not constitute an abuse of discretion.

Appellate Information

• Decided 12/22/2010
• Published 12/22/2010

Judges

• LYNCH

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gerald J. Petros, Donald C. Lockhart