A humanitarian was convicted of littering for leaving full water containers in the desert to save the lives of people in trouble.
The majority overturned his conviction because a reasonable person might not understand that leaving drinking water for people dying of thirst is littering. The United States countered that the water bottles constitute "garbage" in the sense of the statute. After foraging through some dictionary definitions of "garbage" and "discarded," the majority concludes that the regulation is too ambiguous to enforce in this case.
Judge Jay Bybee - he of the torture memo - dissents. Littering is littering, and Bybee finds that the regulation is as clear as a sunny day in the desert. This is the same Jay Bybee who thinks that terms like "torture" and "severe suffering" are so vague that it would be unfair to apply statutes prohibiting them to interrogators who waterboard people and keep them awake for a week at a time, naked and hanging in chains.
http://balkin.blogspot.com/2010/09/torture-and-littering.htmlBybee is another one who shouldn't be aloud to leave his house without hoards of people reminding him of the damage he has done to this Country.