9th Cir.;
15-30322

The court of appeals affirmed a district court judgment. The court held that the crime of knowingly storing hazardous waste without a permit is a general intent crime, for which a defense of diminished capacity is not available.

Authorities responding to nuisance complaints discovered 3,400 containers containing either flammable or corrosive materials strewn about the yard or packed into vehicles and trailers on Max Spatig's Idaho property. The Environmental Protection Agency spent $498,562 on the cleanup. A jury found Spatig guilty of “knowingly storing and disposing of hazardous waste” without a permit, in violation of 42 U.S.C. §6928(d)(2)(A), part of the Resource Conservation and Recovery Act (RCRA).