Is there sufficient evidence to overturn a conviction for violating the Clean Air Act?

Dipentino asserts that the evidence was insufficient to support his conviction for violating the Clean Air Act.³ We reach this argument because if the evidence presented at trial was insufficient to support a conviction, the Double Jeopardy Clause would bar a retrial. See Shipsey, 190 F.3d at 1088 (citing United States v. Aguilar, 80 F.3d 329, 334 (9th Cir. 1996) (en banc)). "Sufficient evidence exists to support a conviction if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."Shipsey, 190 F.3d at 1088 (citing United States v. Bancalari, 110 F.3d 1425, 1428 (9th Cir. 1997)).

The Clean Air Act imposes criminal liability on an owner or operator if he or she knowingly violates the Act. See 42 U.S.C. S 7413(c)(1). The term "owner or operator" is defined under the asbestos regulations as "any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls or supervises the demolition or renovation operation, or both." 40 C.F.R. S 61.141. In determining whether a person is an owner or operator within the meaning of the Clean Air Act, the question is whether the person "ha[d] significant or substantial or real control and supervision over [the] project." United States v. Walsh, 8 F.3d 659, 662 (9th Cir. 1993).