United States v. Dennis Price

We hold today that the Double Jeopardy Clause does not bar the defendant’s federal criminal prosecution for a violation of the Clean Air Act, 42 U.S.C. §§ 7412 , 7413(c), even though the defendant was previously assessed a civil penalty for the same conduct by the Clark County, Nevada Health District for a violation of county asbestos-removal regulations that mirror the federal standards.

I.Background

The Landmark Hotel and Casino in Las Vegas, Nevada hired AB-HAZ Environmental as its on-site representative to supervise the removal of all regulated asbestos-containing materials from the buildings prior to their demolition in accordance with federal and local regulations. In 1994, the Clark County Health District issued a Notice of Violation to AB-HAZ alleging that the company’s activities at the Landmark violated Section 13.1.7 of the Clark County Health District Air Pollution Control Regulations. In 1995, AB-HAZ entered into a settlement agreement with the Clark County Health District. The agreement provided in pertinent part:

The agreement was signed on behalf of the Clark County Health District by its director, and on behalf of AB-HAZ by its president, Dennis Price.…