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 backhoe operator punctured the pipeline, an estimated 1,000 to 5,000 gallons of oil were discharged into the river. Hanousek 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).

1. Did Hanousek have the required mental state (mens rea) to be convicted of a crime?

2. Which theory discussed in the chapter would enable a court to hold Hanousek criminally liable for the violating the statute if he participated in , directed, or merely knew about the specific violation?

3. Could the back hoe operator who punctured the pipeline also be charged with a crime in this situation? if yes, what crime?