U.S. v. O’Malley

In prosecution alleging that defendant violated criminal provisions of Clean Air Act by improperly removing, transporting and dumping asbestos-containing insulation, defendant waived any claim that govt. was required to show that he knew that asbestos that he had removed was regulated type of asbestos, where defendant failed to object to jury instruction on mens rea element of Clean Air Act. Moreover, Ct. noted that instant asbestos-containing material was covered by Clean Air Act, and fact that defendant was knowingly working with instant asbestos-containing material was sufficient by itself to meet mens rea requirement, since asbestos is of such dangerous material that probability of regulation is so great that defendant is presumed to have been aware of relevant regulation.