Supreme Court Holds that Jury, not Court, Must Decide Duration of Misconduct Underlying Criminal Fines under RCRA

In an important decision concerning the application of the Resource Conservation and Recovery Act of 1976 (RCRA) criminal penalties, the U.S. Supreme Court recently held, in Southern Union Co. v. US, __ U.S. ___, 132 S.Ct. 2344, 2012 WL 2344465 (June 21, 2012), that the duration of misconduct underlying the imposition of a criminal fine must be decided by a jury, not the court.  

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