Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A;

Question

Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A;) as a roadmaster of the White Pass & Yukon Railroad in Alaska. Hanousek was responsible "for every detail of the safe and efficient maintenance and construction of track, structures and marine facilities of the entire railroad." including special projects. One project was a rock quarry, known as "6-mile." above the Skagway River. Next to the quarry, and just beneath the surface, ran a high-pressure oil pipeline owned by Pacific & Arctic Pipeline. Inc.. P&A;'s sister company. When the quarry's backhoc operator punctured the pipeline, an estimated 1.000 to 5.000 gallons of oil were discharged into the river. Hanousck was charged with negligently discharging a harmful quantity of oil into a navigable water of the United States in violation of the criminal provisions of the Clean Water Act (CWA). Using the information presented in the chapter, answer the following questions. 1. Did Hanousck have the required mental state (mens rea) to be convieted of a crime? Why or why not? 2. Which theory discussed in the chapter would enable a court to bold Hanousck criminally liable for vilating the statute if he participated in, directed, or merely knew about the specific violation? 3. Could the backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain. 4. Suppose that at trial. Hanousek argued that he should not be convicted because he waw not aware of the requirements of the CWA. Would this defense be successful? Why or why not?

Explanation / Answer

Ans 1 Yes, Hanousek has required mental state to be convicted of crime

At common law and under conventional statutory construction, a defendant must have conventional mens rea, which requires that he must not only be aware of and have intended his conduct, but must also be aware that this conduct was criminal or involved “some wrongdoing. So it is presumed that the defendant is aware of regulation.

Ans 2 According to the Statute: 33 U.S.C. 1319(1) & (2) & 1321 (b)(3)

A person,who negiligently or knowingly discharges oil or a hardazous substance into the watere of US or upon the adjoining shores in a harmful quantity is penalized.ection 309(c) fits the definition of public welfare legislation, because it is reasonable to require care when one is dealing with pollutants, and because changing the standard of negligence would fail to address certain environmental harms and would handicap prosecutors in plea-bargaining, violations of section 309(c) should be considered PWOs.If it is a ordinary negiligence than also the person can be convicted and it is treated as crime.

Negligent Violations: 1 year and/or $2,500 - 25,000 per day and subsequent convictions 2 years and/or $50,000 per day.

Knowing Violations: 3 years and/or $5,000 - 50,000 per day and Subsequent convictions 6 years and/or $100,000 per day.

Ans 3 Yeas the backhoe operator who punctured the pipeline also be chaged with conviction beause it is ordinary negligence which is covered in section 309.A person,who negiligently or knowingly discharges oil or a hardazous substance into the watere of US or upon the adjoining shores in a harmful quantity is penalized.

Ans 4 Hanousek argued that criminal negligence standards should apply because Congress intended them to apply alternatively, he argued that due process insulated him from liability because, as a roadmaster, he did not know nor was he in a position to know what was required of him by the CWA. Hanousek’s argument that the application of ordinary negligence violated his due process rights because he did not have notice of what was required of him under the CWA.74 Instead, the court held that section 309(c) was a PWSThe court concluded that negiligence as ordinary meaning: “failure to use such care as a reasonably prudent and careful person would use under similar circumstances. No, the defence would not be successful.

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