• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Business Organizations & Associations
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Intellectual Property
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Exam Prep Pro
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Conflicts of Law
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Conflicts of Law
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • 1L Prep Course
  • Solutions
    • Professors and Institutions
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgot Password?

    Forgotten Password

    Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Business Organizations & Associations
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Intellectual Property
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Exam Prep Pro
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Conflicts of Law
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Conflicts of Law
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • 1L Prep Course
    • Solutions
      • Professors and Institutions
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgot Password?

    Forgotten Password

    Cancel
    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

    SmartBrief

    A.I Enhanced Margin Brief to quickly recall case brief A.I Enhanced Margin Brief to quickly recall case brief 0

    Sections to print





    To print, please Start a Free Trial or Log in.

    Confirm favorite deletion?

    Cancel Yes, Delete

    Criminal Law Keyed to Kennedy

    United States of America v. Michael H. Weitzenhoff; Thomas W. Mariani

    Citation:

    35 F.3d 1275 (1993)

    Facts

    The defendants were managers of the East Honolulu Community Services Sewage Treatment Plant, which is located near Sandy Beach. It operates under a permit issued pursuant to the National Pollution Discharge Elimination System, which established the limits on the Total Suspended Solids (“TSS”) and Biochemical Oxygen Demand (“BOD”) – indicators of the solid and organic matter, respectively, in the effluent discharged at Sandy Beach. During the period in question, the permit limited the discharge of both the TSS and BOD to an average of 976 pounds per day over a 30-day period. It also imposed monitoring and sampling requirements on the plant’s management.

    From March 1987 through March 1988, the excess waste activated sludge (“WAS”) generated by the plant was hauled away to another treatment plant, the Sand Island Facility. In March 1988, certain improvements were made to the East Honolulu plant and the hauling was discontinued. Within a few weeks, however, the plant began experiencing a buildup of excess WAS. Instead of continuing the practice of hauling away WAS, defendants instead instructed two Plant employees to dispose of 436,000 pounds of WAS directly into the ocean on 40 separate occasions. Most of the WAS discharges occurred during the night, and none was reported to the DOH or EPA.

    Following an FBI investigation, the defendants were charged with several violations of the Clean Water Act (“CWA”). To be convicted, the state had to prove that the defendants “knowingly” violated the CEW. The court construed “knowingly” as requiring only that the defendants were aware that they were discharging the pollutants in question, not that they new they were violating the terms of the statute or permit. The defendants argued that they believed their conduct was authorized by the permit.

    The jury found them guilty.

    Only StudyBuddy Pro offers the complete Case Brief Anatomy*

    Access the most important case brief elements for optimal case understanding.

    *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

    • The Brief Prologue provides necessary case brief introductory information and includes:
    • Topic:

      Identifies the topic of law and where this case fits within your course outline.
    • Parties:

      Identifies the cast of characters involved in the case.
    • Procedural Posture & History:

      Shares the case history with how lower courts have ruled on the matter.
    • Case Key Terms, Acts, Doctrines, etc.:

      A case specific Legal Term Dictionary.
    • Case Doctrines, Acts, Statutes, Amendments and Treatises:

      Identifies and Defines Legal Authority used in this case.
    Start Your Free Trial or Log in.
    • The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
    • Brief Facts:

      A Synopsis of the Facts of the case.
    • Rule of Law:

      Identifies the Legal Principle the Court used in deciding the case.
    • Facts:

      What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
    • Issue(s):

      Lists the Questions of Law that are raised by the Facts of the case.
    • Holding:

      Shares the Court's answer to the legal questions raised in the issue.
    • Concurring / Dissenting Opinions:

      Includes valuable concurring or dissenting opinions and their key points.
    • Reasoning and Analysis:

      Identifies the chain of argument(s) which led the judges to rule as they did.
    Start Your Free Trial or Log in.
    • The Brief Prologue closes the case brief with important forward-looking discussion and includes:
    • Policy:

      Identifies the Policy if any that has been established by the case.
    • Court Direction:

      Shares where the Court went from here for this case.
    Start Your Free Trial or Log in.

    MarginBrief™ Case overview for optimal recall

    A.I Enhanced Margin Brief to quickly recall case brief
    A.I Enhanced Margin Brief to quickly recall case brief

    Generating...

    Facts:

    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Issue:

    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Rule:

    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Start Your Free Trial or Log in.

    Topic Resources

    Topic Video

    United States of America v. Michael H. Weitzenhoff; Thomas W. Mariani15m 13s
    See complete Lesson, Quizzes and More

    Topic Refresher Course

    Elements of a Crime: Mens Rea

    Status:

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    United States of America v. Michael H. Weitzenhoff; Thomas W. Mariani