United States v. San Diego Gas & Electric Co.

Amicus curiae brief of the Washington Legal Foundation and the National Association of Criminal Defense Lawyers in support of defendant-appellees urging affirmance.

Brief filed: 11/07/2008


United States v. San Diego Gas & Electric Co.

9th Circuit Court of Appeals;


Defendants were unjustly prosecuted and convicted for allegedly violating work practice standards promulgated under the Clean Air Act regarding removal and disposal of asbestos-containing material found in multi-layer pipe wrap, but no evidence was presented that a single asbestos fiber was released into the environment. Amici urge the court to affirm the district court’s order granting a new trial. 

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Daniel J. Popeo, Paul D. Kamenar and Richard A. Samp, Washington Legal Foundation, Washington, DC.