Petitioner’s conviction here for operating a hazardous waste facility without a permit violated the federal due process clause. After petitioner was convicted, the Pennsylvania Supreme Court interpreted the statute and made it clear that petitioner’s conduct was not within the scope of the statute. Furthermore, it certified to the U.S. Supreme Court that this was not a new rule of law presenting a retroactivity issue. Accordingly, petitioner’s conviction on this charge and his continued incarceration violated the due process clause, which forbids a state to convict a person of a crime without proving the elements of that crime beyond a reasonable doubt.