Evertson v. United States
- Case Date: 7/21/2009
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On January 3, 2014, WLF filed a certiorari petition with the U.S. Supreme Court, urging it to review (and ultimately overturn) the conviction of a small businessman in Idaho for technical violations of RCRA, the law that governs disposal of hazardous wastes. WLF’s client was convicted and sentenced to 21-months imprisonment for storing chemicals that prosecutors deemed “hazardous wastes.” The evidence at trial showed that the chemicals were not “waste” at all but rather were products the defendant was using in his business. WLF’s petition urged the Court to review an appeals court’s denial of the defendant’s habeas corpus petition. WLF argued that the trial court misinterpreted RCRA and in essence denied the defendant, Krister Evertson, the opportunity to present evidence that the chemicals were not “waste” because he had never abandoned them. WLF argued that further review is important to ensure that other business people are not convicted under similarly dubious circumstances.
More Information and Downloads:
1/3/2014: Download the Brief
4/10/2013: Download the Brief
10/2/2009: Download the Brief
7/22/2009: Download Congressional Committee Testimony
7/20/2009: Download the Petition
Litigation Update: Court Declines To Review Conviction For Storing Hazardous Wastes
Litigation Update: Court Declines To Review Conviction For Storing "Hazardous Wastes"