United States v. Southern Union Co.

DECISION AND ORDER ON MOTION FOR JUDGMENT OF ACQUITTAL AND MOTION FOR NEW TRIAL

WILLIAM E. SMITH, District Judge.

After having been found guilty by a jury of knowingly storing hazardous waste without a permit in violation of 42 U.S.C. § 6928(d)(2), the Defendant, Southern Union Company, now moves for judgment of acquittal under Fed.R.Crim.P. 29 on the sole ground that the Court erred by allowing the United States to enforce Rhode Island’s regulation of conditionally exempt small quantity generators. The Defendant alternatively requests a new trial pursuant to Fed.R.Crim.P. 33 because it claims:…