JUDICIAL DEVELOPMENTS

December 2005

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Tenth Circuit Finds the Clean Water Act Criminalizes Any Act of Negligence that Leads to Pollutant Discharge
United States v. Ortiz, ___F.3d___

After a jury in the U.S. District Court for the District of Colorado convicted Ortiz of violating the Clean Water Act of 1977, 33 U.S.C.S. § 1251 et seq. (CWA), for negligently discharging a pollutant into the Colorado River, the District Court entered a judgment of acquittal. The United States challenged the judgment of acquittal and the District Court’s denial of two requested sentence enhancements.