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U.S. v. PROTEX INDUSTRIES, INC.

No. 88-1371.

874 F.2d 740 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. PROTEX INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 1989.

Attorney(s) appearing for the Case

Michael J. Norton, Acting U.S. Atty., Denver, Colo. (Roger J. Marzulla, Asst. Atty. Gen., Kenneth R. Fimberg, Douglas W. Curless, Asst. U.S. Attys., Denver, Colo., Peter J. Murtha, Peter R. Steenland, Jr., J. Carol Williams, Dept. of Justice, Washington, D.C., Elizabeth M. Ojala, U.S.E.P.A., Washington, D.C., of Counsel, with him on the brief), for plaintiff-appellee.

David G. Palmer (Michael E. Miner, with him on the brief), Denver, Colo., for defendant-appellant.

Before HOLLOWAY, Chief Judge, BRORBY, Circuit Judge, and SAFFELS, District Judge.

SAFFELS, District Judge.

This appeal was taken from the first criminal conviction under the "knowing endangerment" provision of the federal Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6928(e), recently enacted by Congress. Appellant Protex Industries, Inc. ("Protex") appeals from its criminal conviction under that provision as well as from its other convictions under the RCRA.1

Protex operated a drum recycling...

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