United States v. Robert Roach

OPINION

KORMAN, District Judge:

After a bench trial, Robert Roach was convicted of one count of storing and causing the storage of hazardous waste without a permit in violation of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6928(d)(2)(A). On this appeal, Roach argues that the statutory definition of “storage” expressly excludes acts constituting “disposal” of hazardous waste, and that he was guilty of disposal and therefore not of storage. Our review of the record persuades us that Roach was guilty of storing hazardous waste and that he was properly convicted of that…