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Case Study: Knowing Endangerment
We defended Metal Management, Inc. in a RCRA “knowing endangerment” case filed by the United States Department of Justice in federal court. The case arose after three employees were burned in a gasoline flash fire at the company’s recycling facility. The EPA obtained a search warrant and raided the facility, seizing evidence and conducting sampling. A grand jury investigation followed, resulting in indictments against the company, the company’s vice president, its general manager, and a production superintendent for knowingly endangering the company’s employees by illegally disposing of gasoline, an alleged characteristic hazardous waste due to its flammable nature, at the facility. We formed a joint defense group among all defendants and formulated the trial strategy on behalf of all defendants. After a three week jury trial, the company and all defendants were acquitted of all charges filed by the government.
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