United States v. Hanousek
United States Court of Appeals for the Ninth Circuit
176 F.3d 1116 (1999), cert. denied, 528 U.S. 1102 (2000)
Edward Hanousek, Jr. (defendant) worked for the Pacific & Arctic Railway and Navigation Company as the roadmaster of the White Pass & Yukon Railroad. This railroad ran from Skagway, Alaska to Whitehorse, Yukon Territory, Canada. As roadmaster, Hanousek was responsible for the safe and efficient construction of track and special projects. In May 1994, Hanousek took over a rock-quarrying project along a portion of the railroad called “6-mile.” A petroleum pipeline also ran along the side of the railroad at or above ground level through this section. Before Hanousek took over this project, the contractor working on the railroad installed railroad ties, sand, and ballast material along a 300-foot section to protect the pipeline. This was the customary method of providing protection in these circumstances. After Hanousek took over, no other sections were provided this protection. Instead, the contractor only used a work platform of sand and gravel along the section where work was being performed. In October 1994, an employee of the contractor attempted to use a backhoe to remove some rocks that had fallen near the pipeline in a section that was not protected. The employee struck the pipeline with the bucket of the backhoe and caused a rupture. Between 1,000 and 5,000 gallons of oil were discharged into the nearby Skagway River. The federal government (plaintiff) charged Hanousek with negligently discharging a harmful quantity of oil into a navigable water of the United States. The jury convicted Hanousek, and he appealed.
Rule of Law
Holding and Reasoning (Thompson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.