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United States v. Fiorillo

186 F.3d 1136 (1999)

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United States v. Fiorillo

United States Court of Appeals for the Ninth Circuit
186 F.3d 1136 (1999)

  • Written by Sharon Feldman, JD

Facts

Frank Fiorillo (defendant) was the president of West Coast Industries, Inc. (West Coast), a warehouse storage company. Art Krueger (defendant) owned SafeWaste Corp. Fiorillo and Krueger contracted with Diversey Corp. to dispose of two of Diversey’s hazardous cleaning products. The contract included handling, transportation, disposal, and the cost of freight from the waste’s current location to the disposal site. According to the Diversey manager who signed the contract, Fiorillo undertook, and Krueger participated in, the transportation of the waste from the Diversey facility. Only two of 11 truckloads were disposed of properly; the rest were stored in West Coast’s warehouse. Fiorillo and Krueger were convicted of violating the Resource Conservation and Recovery Act (RCRA). On appeal, Fiorillo and Krueger argued that the RCRA provision that makes it unlawful to cause hazardous waste to be transported applies only to those who generate the waste for transport by others.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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