United States v. Allen Elias

Caution
2001 Daily Journal DAR 11311·269 F.3d 1003·2001 WL 1262619·32 Envtl. L. Rep. (Envtl. Law Inst.) 20218·53 ERC (BNA) 1343
United States Court of Appeals for the Ninth CircuitOctober 23, 200100-30145California7,579 words

Opinion

Opinion

Nelson, J.

After a three-and-a-half-week trial, a jury convicted Allen Elias of four offenses, the most serious of which was disposing of hazardous waste without a permit, knowing that his actions placed others in imminent danger of death or serious bodily injury in violation of 42 U.S.C. § 6928 (e). Elias appeals on numerous grounds. We address several of them here and the remainder in a memorandum disposition filed contemporaneously.

I.

BACKGROUND

A. Offense Conduct

Allen Elias owned Evergreen Resources, a fertilizer company located near Soda Springs, Idaho. In August 1996, Elias decided to transfer sulfuric acid from two railroad cars into a stationary 25,000-gal-lon tank that he had transported to Evergreen from his previous business, AEI.

At AEI, Elias had used the thirty-six-foot-long, eleven-foot-high tank as a storage tank for byproducts of a cyanide leaching process he had patented. Elias realized that his process resulted in the transfer of cyanide-laced solids into the tank. He admitted, moreover, that there were one to two tons of cyanide-laced sludge left in the tank when he shipped it to Evergreen in the early 1990s. This sludge did not preclude Elias from using the tank…

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