[DOWNLOAD] "United States V. Louisville Edible Oil Products Inc." by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: United States V. Louisville Edible Oil Products Inc.
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

We have before us the denial of a motion to dismiss a nine count indictment charging asbestos related violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. Defendants claim this federal prosecution is barred by the double jeopardy clause of the fifth amendment because previous fines levied by a local environmental enforcement agency were, in effect, federal punitive measures carried out through a state agency to regulate the same conduct. Defendants also argue that prosecution under both the Clean Air Act and the Comprehensive Environmental Act violates the double jeopardy clause by subjecting them to multiple prosecution for the same conduct. Because the actions taken by the federal and state government are those of independent sovereigns, and because the Clean Air Act and the Comprehensive Environmental Act encompass separate offenses requiring differing elements of proof, we affirm the judgment of the district court that double jeopardy has not attached.

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