United States v. Plaza Health Laboratories, Inc.

3 F.3d 643 (1993)

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Nature of the Case

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Facts

Villegas (D) was co-owner and vice president of Plaza Health Laboratories, Inc., a blood-testing laboratory. On two known occasions, D loaded containers of numerous vials of human blood generated from his business and dumped them in the Hudson River. On May 26, 1988, a group of eighth-graders on a field trip on Staten Island discovered numerous glass vials containing human blood along the shore. Some were cracked, although most remained sealed with stoppers in solid-plastic containers or ziplock bags. Workers recovered approximately 70 vials from the area. On September 25, 1988, a maintenance worker employed by the Admirals Walk Condominium discovered a plastic container holding blood vials wedged between rocks in the bulkhead. Authorities retrieved numerous blood vials from the bulkhead later that day. Ten of the retrieved vials contained blood infected with the hepatitis-B virus. All of the vials recovered were eventually traced to Plaza Health Laboratories. Plaza Health Laboratories (D) and Villegas (D) were indicted on two counts each of violating §§ 1319(c)(2) and (3) of the Clean Water Act. Villegas (D) was knowingly charged with discharging pollutants from a 'point source' without a permit. Counts I and III alleged that Villegas (D) had discharged pollutants, knowing that he placed others in 'imminent danger of death or serious bodily injury.' The jury found Villegas (D) guilty on all four counts. Villegas (D) moved for a judgment of acquittal on all counts. The motion was granted on two counts in that the judge had incorrectly instructed the jury on the act's 'knowing endangerment' provisions. The district judge denied the motion on counts II and IV, rejecting arguments that the act did not envision a human being as a 'point source.' Both parties appealed.