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United States v. Johnson & Towers, Inc.

741 F.2d 662 (1984)

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United States v. Johnson & Towers, Inc.

United States Court of Appeals for the Third Circuit
741 F.2d 662 (1984)

  • Written by Sharon Feldman, JD

Facts

Johnson & Towers, Inc. (J&T) (defendant) owned a plant that used chemicals classified as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The waste generated by the plant eventually flowed into a Delaware River tributary. Although an Environmental Protection Agency permit was required for disposal, J&T never applied for or received a permit. J&T foreman Jack Hopkins and service manager Peter Angel (defendants) were indicted for knowingly treating, storing, and disposing of hazardous wastes without a permit in violation of the RCRA. J&T pled guilty. The district court dismissed the RCRA counts against Hopkins and Angel because they were not owners or operators obligated under the statute to obtain a permit. The government (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Sloviter, J.)

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