Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

US v. S. Union Co., 09-2403

By FindLaw Staff on December 22, 2010 3:14 PM

Conviction for storing mercury without permit

US v. S. Union Co., 09-2403, concerned a challenge to a conviction of a natural gas company for storing hazardous waste without a permit.  In affirming the conviction, the court held that defendant is precluded by 42 U.S.C. section 6976(b) from challenging the EPA's 2002 Immediate Final Rule authorizing Rhode Island's Resource Conservation and Recovery Act (RCRA) regulations as, because defendant failed to use the statutory procedure for judicial review, defendant may not raise the issue by collateral attack.  Moreover, the 2002 Rule is valid and was within the EPA's authority to adopt.  The court also held that the conviction does not violate defendant's right to fair notice under the Due Process Clause.  Lastly, the court held that the Apprendi rule does not apply to the imposition of statutorily prescribed fines, and that the financial penalties imposed did not constitute an abuse of discretion.

Related Link:

Copied to clipboard

Find a Lawyer

More Options