Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Robison: CWA Convictions Reversed

By Tim Cone

In U.S. v. Robison, No. 05-17019 (Oct. 24, 2007), the Court reversed the convictions of defendants found guilty of Clean Water Act violations, and also reversed a conviction for giving a false statement.The Court held that the definition of "navigable waters" under the CWA in the jury instructions was erroneous under Rapanos v. U.S., 126 S.Ct. 2208 (2006). Though recognizing some confusion in the law regarding Rapanos? definition of "navigable waters," the Court held that it involved a "significant nexus" between the waters affected by a defendant?s pollution and waters that are in fact "navigable." The instruction failed to convey this concept, and this error was not harmless, because there was no evidence that the creek into which the defendants dumped pollutants caused harm to the river into which the creek flowed...continue to full post

Full post as published by Defense Newsletter Blog on October 26, 2007 (boomark / email).