Recent Federal Decisions

March 2002

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Ninth Circuit Limits Class of Individuals Subject to Criminal Penalties for Failure to Remove Asbestos According to Clean Air Act Regulations
United States v. Thomas Pearson

In a case of first impression, the Ninth Circuit Court of Appeals has held that an individual found to be a supervisor can also be an "employee" who may be excluded from criminal liability unless he "knowingly" or "willfully" violates the Clean Air Act. In the end, however, the court affirmed a conviction under the criminal provisions of the Act for improper removal of asbestos.