United States v. Stephen Swift

MEMORANDUM

Stephen Swift appeals his convictions for the unlawful transport of hazardous waste without a manifest, in violation of 42 U.S.C. § 6928 (d)(5), and for the unlawful storage of hazardous waste without a permit, in violation of 42 U.S.C. § 6928 (d)(2)(A). Swift makes four arguments on appeal, which we address in turn. For the reasons below, we affirm.

First, Swift argues the evidence was insufficient to convict him of transporting hazardous waste without a manifest because 42 U.S.C. § 6928 (d)(5) only penalizes generators, not transporters, of hazardous waste who lack a manifest. Because Swift failed to raise this issue below, we review for plain error. Puckett v. United States, 556 U.S. 129 , 129 S.Ct. 1423, 1428-29 , 173 L.Ed.2d 266 (2009). There was no error here. The applicable statute criminalizes hazardous waste transport without a manifest by “any person,” and its federal and state implementing regulations require transporters to have manifests during hazardous waste transport. See 42 U.S.C. §§ 6928 (d), 6928(d)(5); 40 C.F.R. § 263.20 (a)-(c); Haw. Admin. R. § 11-263-20(a)-(c). The statute’s criminal penalties apply to Swift.

Second, Swift argues that he was…