McWane Followup

September 22, 2012

A federal appeals court on Sept. 17 upheld the convictions and sentencing of a New Jersey pipe manufacturer and four managers over multiple violations of worker safety and environmental laws (United States v. Maury, 3d Cir., No. 09-2305, 9/17/12).

The appeal included arguments related to pretrial discovery, the district court’s handling of the trial, jury instructions, and sentencing. The U.S. Court of Appeals for the Third Circuit rejected those arguments, and in its opinion commended the U.S. District Court for the District of New Jersey for its “fine handling of these extraordinarily complicated proceedings.”

Atlantic States Cast Iron Pipe Co. and four of its managers were convicted in April 2006 on charges that they exposed employees to dangerous conditions at its Phillipsburg, N.J., facility and impeded federal regulatory and criminal investigations, prosecutors have said. One incident resulted in an employee’s death (United States v. Atlantic States Cast Iron Pipe Co., D.N.J., No. 3:03-cr-852, order issued 10/6/11).

The defendants also were found to have engaged in an eight-year conspiracy to pollute the air and Delaware River by violating the Clean Air Act and Clean Water Act.

The company’s April 2009 sentence included an $8 million fine, and the four managers were sentenced to prison terms (39 OSHR 351, 4/30/09).

Atlantic States is a subsidiary of McWane Inc. and makes ductile iron pipe for municipal and commercial water and sewer installations.