Flanagan
United States v. Flanagan
Opinion
Opinion
Timlin, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS INDICTMENT PURSUANT TO FED. R.CRIM.P. 12(b)
The court, the Honorable Robert J. Tim-lin, has read and considered defendants Joseph Flanagan (“Flanagan”), Edgar Wilson (“Wilson”) and James F. Weber (“Weber”) (collectively, “Defendants”)’s motion to dismiss the indictment in this case pursuant to Fed.R.Crim.P. 12(b) (“Rule 12(b)”), plaintiff United States of America (the “United States”)’s opposition, and Defendants’ reply. Based on such consideration, the court concludes as follows:
I.
BACKGROUND
On April 28, 1999, the United States filed in this court a four count indictment (the “Indictment”). In the Indictment, Flanagan, Weber and Wilson are each charged with three counts of violating 42 U.S.C. § 6928 (d)(2)(A) (“Section 6928(d)(2)(A)”) of the Resource Conservation and Recovery Act (“RCRA”). The Indictment alleges that the defendants treated and stored hazardous wastes defined in 40 C.F.R. § 261.23 without authorization of, or permit issued by, the United States Environmental Protection Agency (the “EPA”) as required by RCRA.
RCRA “was enacted to protect the national health and environment.” Wyckoff Co. v. EPA 796 F.2d 1197, 1198…