United States v. Max Spatig

OPINION

McKEOWN, Circuit Judge:

As the saying goes, fences make good neighbors. But when the neighbor collects thousands of containers of hazardous and combustible chemicals in his yard -that could explode at any moment, a fence may not be enough to save the neighborly relationship. Instead, the authorities need to get involved.

Max Spatig was charged and convicted under the Resource Conservation and Recovery Act (“RCRA”) for storing more than 3,000 containers of hazardous waste in his yard without a permit; On appeal, Spatig challenges the district court’s refusal to allow evidence of his…