Legal Opinion
United States v. Grace
District Court, D. Montana
Decided August 9, 2006No. CR 05-07-M-DWMPublished
1Opinion of the Court
ORDER
MOLLOY, Chief Judge.
I. Introduction
The motion now before the Court presents yet another question of first impression in interpreting the criminal knowing endangerment provision of the Clean Air Act, 42 U.S.C. § 7413(c)(5)(A). Defendant Grace has filed a motion on behalf of all Defendants seeking an order excluding all evidence of or derived from releases of asbestos that do not constitute “visible emissions” for purposes of the Clean Air Act’s implementing regulations. 1 The Defendants intend to rely on an affirmative defense to the Clean Air Act violations charged in Counts II through…
2Cases cited13 opinions
- United States v. LanierSupreme Court of the United States · 1997
- United States v. ShabaniSupreme Court of the United States · 1994
- Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
- United States v. Michael H. Weitzenhoff Thomas W. MarianiCourt of Appeals for the Ninth Circuit · 1994
- United States v. Terry Lee HesterCourt of Appeals for the Ninth Circuit · 1983
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