Question

RESPOND TO THE FOLLOWING CASE USING THE IRAC FORMAT.

Attique Ahmad owned the Spin-N-Market, a convenience store and gas station. The... gas pumps were fed by underground tanks, one of which had a leak at its top that allowed water to enter. Ahmad emptied the tank by pumping its contents into a storm drain and a sewer system. Through the storm drain, gasoline flowed into a creek, forcing the city to clean the water. Through the sewer system, gasoline flowed into a sewage treatment plant, forcing the city to evacuate the plant and two nearby schools. Ahmed was charged with discharging a pollutant without a permit, which is a criminal violation of the Clean Water Act. The act provides that a person who “knowingly violates” the act commits a felony. Ahmad claimed that he had believed he was discharging only water. Did Ahmad commit a felony? Why or why not? Discuss fully. [United States v. Ahmad, 101 F3d 386 (5^th Cir. 1996)

Answer 1

No, Ahmad did not commit felony. This is because he was able to prove in the court tha he was not aware of gasoline flowing with water and only thought that the water is being released.

According to law, a person commits felony only when he knows that he is doing wrong and what he is doing violates the law.

In this case, government was not able to prove that Ahmad knowingly discharged gasoline and hence, Ahmad was was not held for any crime and was set free.

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