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In the Courts
Knowledge That Discharge Was into U.S. Waters Not Necessary for a Clean Water Act Conviction
In United States v. Cooper, 05-4956 (4th Cir. Mar 28, 2007), the Fourth Circuit held that the government need not show that a defendant was aware that pollutants were discharged in 'waters of the United States' to sustain a Clean Water Act conviction.
Defendant, the owner of a trailer park, was convicted at trial on nine counts of knowingly discharging a pollutant into waters of the United States in violation of the Clean Water Act. He appealed, pointing out that the government failed to prove that he knew that the stream he discharged into had a significant nexus to a navigable water, and was therefore waters of the United States. He argued that the statute requires proof that he was aware of the federal government's jurisdiction over the water. The Fourth Circuit disagreed and upheld his conviction, holding that the government need not establish the defendant's knowledge of the jurisdictional status of the waters affected to establish a violation of the Clean Water Act.
Knowledge That Discharge Was into U.S. Waters Not Necessary for a Clean Water Act Conviction
In United States v. Cooper, 05-4956 (4th Cir. Mar 28, 2007), the Fourth Circuit held that the government need not show that a defendant was aware that pollutants were discharged in 'waters of the United States' to sustain a Clean Water Act conviction.
Defendant, the owner of a trailer park, was convicted at trial on nine counts of knowingly discharging a pollutant into waters of the United States in violation of the Clean Water Act. He appealed, pointing out that the government failed to prove that he knew that the stream he discharged into had a significant nexus to a navigable water, and was therefore waters of the United States. He argued that the statute requires proof that he was aware of the federal government's jurisdiction over the water. The Fourth Circuit disagreed and upheld his conviction, holding that the government need not establish the defendant's knowledge of the jurisdictional status of the waters affected to establish a violation of the Clean Water Act.
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