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In the Courts
Court Upholds Aiding-and-Abetting Theory for RCRA Violation
The court in United States v. Wasserson, 2005 WL 1792006 (3d Cir. July 29, 2005), held that a defendant who did not himself dispose of hazardous waste could still be convicted of illegal disposal of hazardous waste without a permit under the Resource Conservation and Recovery Act (RCRA) on an aiding-and-abetting theory.
Wasserson, a former company CEO, was acquitted by the trial court on a charge that he violated the RCRA after the trial judge ruled that Wasserson could not be liable because he did not actually dispose of the hazardous waste, but rather permitted others to do so. The Third Circuit reversed that ruling, holding that 18 U.S.C. ' 2, which imports vicarious liability into the federal criminal code (unless explicitly disavowed), permitted the aiding-and-abetting charge based on Wasserson's alleged use of an innocent party to cause the commission of an offense against the United States.
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