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Week 6- Assignment (1)

Week 6- Assignment (1)

Q Read the U.S. v. Hayes International Corp. et. Al case and answer the following questions: • According to the Act, what are the two methods of identifying hazardous waste? Explain. • Explain the three theories of defense asserted by the defendants. Summarize (in your own words) the court’s response and reasoning to each of these three defenses, focusing especially on why the appellate court found it reasonable that the trial court could have found no merit to the mistake of fact claim by the defendants.• The courts appear to treat the “knowledge” requirement differently depending upon the business and the actor. For example, in the case of a corporation transporting or depositing hazardous waste, why might the courts not require substantial proof that a company had actual knowledge of an environmental violation?• According to this case, what is sufficient to show knowledge?

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In perspective to the case, the degree of knowledge that is obligatory for the conviction under the 42 U.S.C. '6928(d)(1), illegal transportation of the hazardous wastes. This is also considered as one of the principal issue within the appeal. The district court in regard to this granted judgment of acquittal for notwithstanding the jury verdicts. The regulatory scheme of this case sets forth two different methods for the purpose of recognizing a hazardous waste. A waste is hazardous only if it appears on the list of wastes that is being adopted by the Environmental Protection Agency. The list can be figured out at 40 C.F.R.