Earth Sciences, Inc., conducted gold-leaching operations in Colorado. The process involved spraying gold ore with a toxic substance. To prevent pollution, Earth Sciences had installed a reserve sump to catch any toxic runoff. An unexpected early thaw melted a snowbank, covering the ore heap. As a result, the reserve sump overflowed, dumping toxic waste into the Rito Seco Creek. The United States brought suit, alleging that Earth Sciences had violated pollution laws.

Earth Sciences argued that it should not be held liable for an unintentional pollution accident. Was Earth Sciences, correct? Explain. United States v. Earth Sciences, Inc., 559 F.2d 368 (10th Cir.).