United States v. Wright

Wright (defendant) managed a water-distribution system in Oklahoma. Environmental Protection Agency (EPA) regulations required that Wright conduct daily monitoring of turbidity in the system and submit monthly operating reports containing the daily levels. The state had primary enforcement responsibility over drinking-water standards in Oklahoma pursuant to an EPA grant of authority. Wright filed reports with the county health department, which forwarded them to the state health department. The reports Wright submitted showed turbidity data, but no samples were actually taken or analyzed. Wright was charged with making false statements in a matter within the jurisdiction of the EPA in violation of the false-statements statute. Wright’s motion to dismiss the indictment was denied. Wright pleaded guilty, reserving his right to appeal the denial of his dismissal motion. Stipulations in the plea agreement included: (1) the reports Wright prepared were submitted to the county health department and (2) if an EPA official were to testify, he would state that the EPA evaluates and audits Oklahoma’s water system program, grants federal funds to the state health department based on the EPA’s evaluations, and reviews a sample of operational reports as part of its audits. Wright appealed the denial of his dismissal motion, contending that the reports he filed were not within the jurisdiction of the EPA because the reports were filed with the state, and the EPA had given primary authority for enforcing its regulations to the state and therefore there was no direct relationship between the reports he submitted and any EPA function.