United States v. Thomas Pearson

Appellant, Thomas Pearson (“Pearson”), was convicted of violating criminal provi sions of the Clean Air Act (“CAA”), 42 U.S.C. §§ 7412 (f)(4) and (h), and 7413(c)(1). Pearson appeals his conviction on several grounds. First, he contends the district court improperly instructed the jury regarding the elements of the charged offense. Next, Pearson asserts the district court prohibited him from presenting a defense by improperly sustaining objections to his testimony during direct examination. Finally, Pearson challenges the sentencing enhancements applied pursuant to §§ 2Q1.2(b)(1)(B) and 2Q1.2(b)(2) of the United States Sentencing Guidelines (“U.S.S.G.”).

We affirm the district court’s rulings.

FACTUAL BACKGROUND

In 1995, the Navy embarked on a project to remove asbestos-containing material, as part of an upgrade and renovation of the Central Heating Plant at the Whidbey Island Naval Air Station. The Navy contracted with Metcalf Grimm to carry out the renovations. Metcalf Grimm, in turn, subcontracted with Environmental Maintenance Service, Inc. (“EMS”) to conduct both the asbestos abatement and the demolition work.

Work on the project took place in three phases, only the third…