Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes the Ninth Circuit's decision and the United States Supreme Court's denial of certiorari in United States v. Hanousek.
Randall S. Abate & Dayna E. Mancuso, It’s All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations of the Clean Water Act, 9 N.Y.U. Envtl. L.J. 304 (2001)