5th Circ. Upholds Wastewater Cos.' Convictions In CWA Case

Law360, Chicago (May 15, 2012, 5:52 PM EDT) -- The Fifth Circuit on Tuesday affirmed the Clean Water Act and permit violation convictions and sentences of wastewater treatment provider Jeffrey Pruett and his two companies, ruling on a question of first impression that only ordinary negligence is required for criminal penalties tied to negligent violations of CWA permits.

In a published opinion, a three-judge panel affirmed Pruett's 21-month prison sentence and fines levied against him, LWC Management Co. Inc. and Louisiana Land & Water Co., shooting down the appellants' argument that the higher level of...
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