BUFFALO, N.Y., March 27 (Reuters) - Jury deliberations were set to begin on Thursday in the federal trial of Tonawanda Coke Corp, which has been charged with fouling the air for years, and whose environmental manager is accused of hiding plant deficiencies from U.S. regulators.
Chief U.S. District Judge William Skretny issued instructions to the jury for several hours on Wednesday and told the panel to begin deliberations on Thursday morning.
The western New York company faces a 19-count indictment that lists numerous violations of the federal Clean Air Act, the Resource Conservation and Recovery Act and obstruction of justice for an alleged cover up of emissions prior to a 2009 investigation by the Environmental Protection Agency. If found guilty, the company faces fines for each count.
The company, which has operated for 30 years in the Buffalo suburb of Tonawanda, produces a coal-based additive called coke that is used to make steel.
Prosecutors said the company's air permit application did not mention a pressure relief valve emitting noxious coke oven gas. Other violations of federal law, they said, include the failure to install required emission control devices called baffles.
"Time and again, the defendants chose to deceive, not comply, all in an attempt to put profit above all else," Assistant U.S. Attorney Aaron Mango said in closing arguments on Tuesday.
"Money drove this business into deception," he added.
The cost of installing baffles was estimated at $125,000, prosecutors said. However, defense attorneys said that sum would not have made compliance cost-prohibitive had the plant been aware that baffles were an issue.
"This is not a substantial cost that reasonably and rationally would drive criminal acts," defense attorney Gregory Linsin said during his closing argument.
Instead, Linsin took aim at the New York State Department of Environmental Conservation, which he said had granted the plant an exception to the baffles in one area of the plant. While the agency knew the devices were not installed elsewhere as required, he said, it failed to enforce the issue.
Of the relief valve, Linsin said the apparatus was in a "clear and obvious location" and that DEC inspectors were well aware of it for decades.
Linsin said DEC officials failed to take action even though they had granted exceptions and knew of other violations.
"The conduct that is the subject of this indictment was known, at least tacitly if not explicitly, to the DEC for years," he said.
Linsin accused DEC officials of entrapment - the company's primary defense - saying they led plant managers to believe the facility was in compliance. The state officials, he said, allowed problems to linger for years before EPA investigators conducted their own review in 2009.
Linsin said the plant passed inspections for a long time and worked hard to comply with state and federal regulations.
"The only thing that changed, ladies and gentlemen, in 2009, was a new sheriff came to Tonawanda Coke in the form of the EPA," he said.
The surprise weeklong investigation by the state and EPA led to the indictment.
Previously, nearby residents had formed a coalition because they were concerned about high cancer rates in the area.
A state Department of Health study released this year found "statistically significant elevations" of cancer and birth defects among Tonawanda residents. But health officials say the study does not prove local industry caused the health problems.
Mark Kamholz, the environmental manager named in the indictment, could face prison if convicted of the lone obstruction charge against him.
Prosecutors accuse Kamholz of using "his position of control to manipulate and deceive investigators from identifying areas of non-compliance." (Editing by Barbara Goldberg, Lisa Von Ahn and Ellen Wulfhorst)
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.