State v. Stevens Equipment Company

Defendant, Stevens Equipment Company, Inc., appeals from a conviction of one count of unlawful storage of hazardous waste in the first degree. ORS 468.926. Defendant assigns error to the trial court’s denial of its motion to dismiss the indictment, arguing that the prosecution was in violation of ORS 468.961, a statute that requires district attorneys to adopt and apply certain prosecutorial guidelines before bringing a felony charge for an environmental crime. Defendant also assigns error to the trial court’s denial of its motion for judgment of acquittal, arguing that, because the…