ENSC 380 was environmental law and policy which was taught by Dr. Gee. The word document that I have decided to share is a case analysis on the United States v. Johnson & Towers Inc. Within this analysis, there are multiple components along with the court decisions on the case.
Dylan Scordellis
February 26, 2021
United States v. Johnson & Towers, Inc.
- Title: United States v. Johnson & Towers, Inc.
- Plaintiff: United States
- Defendant: Johnson & Towers, Incorporated, Jack Hopkins, and Peter Angel.
- Court: United States Court of Appeals for the Third Circuit
- Statement of the Facts: The criminal prosecution was due to the improper disposal of these chemicals into a trench that leaked into the Parker’s Creek tributary that is part of the Delaware river. Some of these chemicals included methylene chloride and trichlorethylene which, according to the EPA, are considered hazardous waste.
- Issue: Whether or not there was unlawful disposal of hazardous waste under the Resource Conservation and Recovery Act?
- Procedural Posture: On the appeal from the United States District Court for the District of New Jersey. Count 1 charged all three defendants with conspiracy. Counts 2, 3, and 4 were proposed as violations under the Resource Conservation and Recovery Act. Count 5 was in violation of the Clean Water Act. Johnson & Towers pled guilty to the RCRA counts, but Hopkins and Angel pled not guilty.
- Disposition: Reversed and Remanded.
- Holding: The defendants are within section 6928(d)(2)(A), which states that all of the elements within this offense must have evidence. The permit requirement is to be inferred by the jury also for the individuals who hold corporate positions. For these reasons, the district court was reversed in their order on counts 2, 3 and, 4 of the indictment. All further proceedings will be remanded. Furthermore, the Johnson & Towers Inc. pled guilty to these charges.