Hanousek v. United States
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Hanousek v. United States, 176 F.3d 1116 (9th Cir. 1999),[1] was a decision by the United States Court of Appeals for the Ninth Circuit, which held that ordinary negligence was the legal standard for criminal negligence under the Clean Water Act.
Hanousek v. United States | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Edward Hanousek, Jr. v. United States of America |
Argued | May 4, 1998 |
Decided | March 19, 1999 |
Citation(s) | 176 F.3d 1116; 48 ERC 1303, 99 Cal. Daily Op. Serv. 1987; 1999 Daily Journal D.A.R. 2590 |
Court membership | |
Judge(s) sitting | David R. Thompson, A. Wallace Tashima, Tom Stagg (W.D. La.) |
Case opinions | |
Majority | Thompson, joined by a unanimous court |
Laws applied | |
Clean Water Act |
In 1994, during rock removal operations, a backhoe operator accidentally struck a petroleum pipeline near the railroad tracks. The operator’s mistake caused the pipeline to rupture and spill between 1,000 and 5,000 US gallons (3,800 and 18,900 L) of heating oil into the Skagway River. Despite not being present at the scene during operations White Pass and Yukon Route Roadmaster Edward Hanousek, Jr. and President Paul Taylor were both held responsible for the spill and convicted.[2][3]
The Supreme Court of the United States denied review of the Ninth Circuit's decision, provoking a dissent from two justices.