9th Circuit Judges Probe Knowledge, Vagueness In CWA Criminal Case

摘要

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit focused questions at Sept. 14 oral argument on the level of knowledge necessary for someone to be criminally liable under the Clean Water Act (CWA) of discharging fill material without a permit and whether the vagueness of key terms in the act affects that knowledge. The case, United States v. Lucero, has drawn national attention for its potential to wade into the thorny issue of CWA jurisdiction, but the judges at oral argument appeared more interested in broad questions of criminal liability rather than which of two competing Supreme Court CWA jurisdiction tests should apply.