United States v. San Diego Gas & Electric Co.
Opinion
Lead Opinion
MEMORANDUM *
In this consolidated appeal, the government first challenges the district court’s order granting a new trial to defendants San Diego Gas & Electric (“SDG & E”), Kyle Rheubottom, and David Williamson on several counts of violating the Environmental Protection Agency’s asbestos work practice standards, 40 C.F.R. § 61.140 et seq. The government also challenges the district court’s new trial order on one count alleging that SDG & E made a false statement in violation of 18 U.S.C. § 1001 . We have jurisdiction under 18 U.S.C. § 3731 , and we affirm.
1. Grant of New Trial on Work Practice Counts
Our role in reviewing a district court’s grant of a new trial is limited to determining whether the district court clearly and manifestly abused its discretion. United States v. Alston, 974 F.2d 1206, 1212 (9th Cir.1992); see also United States v. Kellington, 217 F.3d 1084, 1094-95 (9th Cir.2000). In explaining the nature of our review in this context, we have said that
Alston, 974 F.2d at 1212 . Thus, “a court of appeals will only rarely reverse a district judge’s grant of a defendant’s motion for a new trial, and then only in egregious cases.” Id.