Fifth Circuit Affirms Conviction, Sentencing For Illegal Waste Discharges Into Red River

摘要

The conviction and sentencing of the former owner of a Louisiana disposal business that illegally discharged untreated wastewater into the Red River without a permit has been upheld by a federal appeals court (United States v. Tuma, 2013 BL 354487, 5th Cir., No. 12-31234, 12/23/13). In its Dec. 23 decision, the U.S. Court of Appeals for the Fifth Circuit rejected appellant John Emerson Tu-ma's arguments that the district court abused its discretion in excluding testimony of several witnesses who claimed the untreated wastewater did not cause environmental harm. Tuma further argued the district court denied his request to depose a Canadian executive who acquired his disposal business. Tuma claimed the executive had information relevant to his defense.