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Appeals Recycling

Mitchell, Williams, Selig, Gates & Woodyard,...

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Regional Solid Waste Management District: Arkansas Appellate Court Addresses Fee Assessment Issue

The Court of Appeals of Arkansas (“Appellate Court”) addressed in a November 29th Opinion the Arkansas Regional Solid Waste Management Districts’ (“ARSWMD”) ability to assess certain fees. See Benton County Regional Solid...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waste Tire Program/Transportation: Louisiana Supreme Court Addresses Fee Assessment Issue

The Louisiana Supreme Court (“Court”) addressed in a January 28th Opinion an issue arising out of the Louisiana Waste Tire Program (“Program”). See Winmill Tire, LLC, et al. v. Colt, Inc., et al., 2022 WL 263004....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Auto Dismantler Exemption/Solid Waste Permitting: Oregon Appellate Court Addresses Applicability to Scrap Metal Recycling

The Court of Appeals of Oregon (“Court”) addressed in a January 26th opinion an issue involving the “auto dismantler exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Scrap Metal Recycling/Scrapped Vehicles: Federal Appellate Court Addresses Antitrust Challenge to City of Milwaukee Contract

The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in a June 24th Opinion issues arising out of a federal antitrust lawsuit involving the scrap metal recycling business. An antitrust...more

Dechert LLP

Fresh Air and Fresh Start: Are Environmental Regulatory Penalties Dischargeable?

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Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Regional Solid Waste Management Districts: Arkansas Court of Appeals Addresses Dispute Over Statutory Fee Allocation

The Arkansas Court of Appeals (“Court”) addressed in an October 30th opinion a dispute between the Benton County Regional Solid Waste Management District (“Benton District”) and the Boston Mountain Regional Solid Waste...more

Holland & Hart LLP

RCRA's Definition of Solid Waste – The DC Circuit Brings Clarity to a Core Element of RCRA

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The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more

Williams Mullen

Environmental Groups Argue Sham Recycling Rule Should Be Recycled by EPA Rather Than Partially Discarded by Court

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EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more

Williams Mullen

D.C. Circuit Court Limits EPA’s Sham Recycling Rule

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The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act...more

Katten Muchin Rosenman LLP

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

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