context: This case does not require us to decide whether the government must show actual environmental contamination to justify an increase under SS 2Q1.2(b)(l)(B). Assuming this showing is required, the record shows environmental contamination. Because the waste was volatile, the air carried the waste's organic compounds.
citation_a.signal: see also
citation_a.identifier: 926 F.2d 410, 418
citation_a.parenthetical: district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank
citation_a.sentence: See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank).
citation_b.signal: see
citation_b.identifier: 920 F.2d 368, 368
citation_b.parenthetical: finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination
citation_b.sentence: See Ferrin, 994 F.2d at 664 (environment contaminated when hazardous waste contacts with land or water or is released into the air); Bogas, 920 F.2d at 368 (finding of no environmental contamination would be clearly erroneous given visual contamination of soil, detectable contamination of atmosphere, and probable water contamination); see also United States v. Sellers, 926 F.2d 410, 418 (5th Cir.1991) (district court may have inferred actual environmental contamination from leaking barrel of hazardous waste found on creek bank).