Joan owns a citrus tree farm near Mesa,Arizona.Joan and her family have fertilized the trees each spring for 52 years.The irrigation for the trees carries the fertilizer remnants into the Salt River.When EPA investigators discover the fertilizer in the Salt River and trace the unique brand to Joan,they indict her for violation of the Clean Water Act,for the discharge of a substance into a waterway.Joan responds,"I didn't know there was fertilizer.I was just letting water flow."

Question

Quizplus · Accepted Answer

Joan can rely on the Ahmad case and escape criminal liability. In the Ahmad case, the defendant was convicted of violating the Clean Water Act for discharging a pollutant into a waterway. However, the court found that the defendant did not have the requisite mens rea, or criminal intent, because he did not know that the substance he was discharging was a pollutant. In this case, Joan also did not know that the fertilizer was a pollutant, so she can rely on the Ahmad case and escape criminal liability.

Joan Owns a Citrus Tree Farm near Mesa,Arizona