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Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A) as a roadmaster of the White Pass & Yukon Railroad in Alaska. Hanousek

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Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A) as a roadmaster of the White Pass & Yukon Railroad in Alaska. Hanousek was responsible "for every detail of the safe and efficient maintenance and construction of track, structures and marine facilities of the entire railroad." including special projects. One project was a rock quarry, known as "6-mile." above the Skagway River. Next to the quarry, and just beneath the surface, ran a high-pressure oil pipeline owned by Pacific & Arctic Pipeline. Inc.. P&A's sister company. When the quarry's backhoc operator punctured the pipeline, an estimated 1.000 to 5.000 gallons of oil were discharged into the river. Hanousck was charged with negligently discharging a harmful quantity of oil into a navigable water of the United States in violation of the criminal provisions of the Clean Water Act (CWA). Using the information presented in the chapter, answer the following questions. 1. Did Hanousck have the required mental state (mens rea) to be convieted of a crime? Why or why not? 2. Which theory discussed in the chapter would enable a court to bold Hanousck criminally liable for vilating the statute if he participated in, directed, or merely knew about the specific violation? 3. Could the backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain. 4. Suppose that at trial. Hanousek argued that he should not be convicted because he waw not aware of the requirements of the CWA. Would this defense be successful? Why or why not

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