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showed that Pilot had delivered “unleaded gasoline that contained
amounts of lead in excess of that permitted by the Clean Air Act and
EPA regulations.” The United States brought criminal charges against
Pilot for violating the act and EPA regulations and sought fines from
Pilot. Who wins? United States v. Pilot Petroleum Associates, Inc., 712
F.Supp. 1077, Web 1989 U.S. Dist. Lexis 6119 (United States District
Court for the Eastern District of New York)
45.5 Hazardous Waste Douglas Hoflin was the director of the Public
Works Department for Ocean Shores, Washington. During a period of
seven years, the department purchased 3,500 gallons of paint for road
maintenance. As painting jobs were finished, the 55-gallon drums that
had contained the paint were returned to the department’s yard. Paint
contains hazardous substances such as lead. When fourteen of the drums
were discovered to still contain unused paint, Hoflin instructed
employees to haul the paint drums to the city’s sewage treatment plant
and bury them. The employees dug a hole on the grounds of the
treatment plant and dumped in the drums. Some of the drums were
rusted and leaking. The hole was not deep enough, so the employees
crushed the drums with a front-end loader to make them fit. The refuse
was then covered with sand. Almost two years later, one of the city’s
employees reported the incident to state authorities, who referred the
matter to the EPA. Investigation showed that the paint had contaminated
the soil. The United States brought criminal charges against Hoflin for
aiding and abetting the illegal dumping of hazardous waste. Who wins?
United States v. Hoflin, 880 F.2d 1033, Web 1989 U.S. App. Lexis
10169 (United States Court of Appeals for the Ninth Circuit)
45.6 Nuclear Waste Metropolitan Edison Company owned and operated
two nuclear-fueled power plants at Three Mile Island near Harrisburg,
Pennsylvania. Both power plants were licensed by the NRC after
extensive proceedings and investigations, including the preparation of
the required environmental impact statements. When one of the power
plants was shut down for refueling, the other plant suffered a serious
accident that damaged the reactor. The governor of Pennsylvania