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In The Courts
| 题名： | In The Courts |
| 正文语种： | eng |
| 摘要： | Criminal Justice-Environment.The district court committed reversible error as a result of its failure to instruct the jury that the government had to prove that the defendant knew that he was discharging material "into water" in order to convict him of knowingly discharging pollutants into navigable waters, in violation of the Clean Water Act; the most straightforward reading of the instructions was that the jury needed to find only that the defendant knowingly discharged fill material, and record evidence that the defendant knew he discharged into water was both underwhelming and contested.-United States v. Lucero (C.A.9-Calif), No. 19-10074, March 4, 2021, Bumatay, J., 2021 WL 821948.Environmental Law-Clean Water. Colorado's anticipated increased enforcement burden for dredge and fill violations was not an irreparable injury sufficient to warrant preliminary injunction staying the effect date of a navigable waters protection rule promulgated by the Environmental Protection Agency and Army Corps of Engineers narrowing the definition of waters of the United States under the Clean Water Act to reduce the scope of jurisdiction the agencies previously asserted over waterways and wetlands; the evidence raised, at most, the mere possibility of potential for a small increase in Colorado's enforcement burden at some point in the future.-State v. U.S. Environmental Protection Agency (C.A.10-Colo.), No. 20-1238, March 2, 2021, Baldock, J., 2021 WL 790999. |
| 出版年： | 2021 |
| 期刊名称： | The Waterways Jouranl |
| 卷： | 135 |
| 期： | 8 |
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