News & Analysis as of

RCRA

Climate change liability? The escape of the salmon

by DLA Piper on

Many industries are increasingly concerned with predicting the damage that climate change will cause to people, business and the environment. And businesses are asking themselves a related question: what can be done to...more

Does an Anti-Duplication Provision Bar a Resource Conservation and Recovery Act Action Against a City System Supplying Water?:...

A United States District Court (Eastern District of California) in a September 1st Order addressed a motion to dismiss a Resource Conservation and Recovery Act (“RCRA”) action brought by a non-profit organization against a...more

Protecting Purchasers in Commercial Property Transactions

by Snell & Wilmer on

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more

California Environmental Law & Policy Update - October 2017

by Allen Matkins on

Environmental and Policy Focus - Court blocks Dept. of Interior’s move to delay Obama-era methane leak rule - The Hill - Oct 4 - On Wednesday a federal court set aside an effort by the Department of the Interior...more

Criminal Enforcement: Federal Appellate Court Addresses Whether Resource Conservation and Recovery Act Violation was a...

The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more

Top Ten Hazardous Waste Mistakes

by Williams Mullen on

We see it time and again: violations of hazardous waste regulations occur because employees are not aware of requirements, don’t understand them or, worse, cut corners. Here are our top ten hazardous waste mistakes you don’t...more

EPA Publishes Guidance for State CCR Permitting Programs

by Williams Mullen on

In April, 2015, EPA published in the Federal Register a final rule regulating the management and disposal of coal combustion residuals (CCR), commonly known as coal ash, from coal-fired power plants. Among other things, the...more

Resource Conservation and Recovery Act Guidance: U.S. Environmental Protection Agency Addresses Unused Cigars/Cigarettes

he United States Environmental Protection Agency (“EPA”) in a July 19th letter addressed whether: - . . . unused cigarettes and cigars made from tobacco are regulated as hazardous waste under the Resource Conservation...more

The Ninth Circuit Reiterates That “Knowingly” Handling Hazardous Waste Without a Permit Is a General Intent Crime Under RCRA §...

by Clark Hill PLC on

Max Spatig was convicted of knowingly storing and disposing of hazardous waste without a permit and sentenced by the U.S. District Court for the District of Idaho to 46 months in prison under 42 U.S.C. § 6928(d)(2)(A). See...more

When Does Secondary Material Become RCRA Solid Waste?

by Clark Hill PLC on

The District of Columbia Circuit Court of Appeals recently granted, in part, industry parties’ challenge to the Environmental Protection Agency (EPA)’s final rule defining “solid waste” under the Resource Conservation and...more

Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins in Florida, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Adopts 2017 NAICS Codes For TRI: On August 16, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is updating the list of North American Industry Classification System (NAICS) codes...more

Ninth Circuit Rules Settling a Non-CERCLA Environmental Claim Can Trigger the Time-Period to Bring a CERCLA Contribution Claim

by Lane Powell PC on

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) a responsible party that settles with the government via a consent decree to cleanup or pay for remediation has three years to...more

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

by Davis Wright Tremaine LLP on

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

Ninth Circuit Clarifies Three Issues of First Impression for Parties in CERCLA Contribution Actions

by Nossaman LLP on

In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution...more

Can a RCRA Settlement Also Be Used as a Basis for a CERCLA Contribution Action?

On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and...more

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

by Williams Mullen on

The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more

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

by Williams Mullen on

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

Less Waste, More Recycling - The D.C. Circuit Cleans Up EPA’s Definition of Solid Waste

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a decision that may be of interest to recyclers and others who generate or handle materials for recycling and reclamation. On July 7, 2017, in American Petroleum...more

Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se

by Freeborn & Peters LLP on

A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D....more

Dumping the Dump

by Clark Hill PLC on

We’ve all heard that we are a consumer nation. That is true and it’s not a bad thing. We are also a disposal nation. When we buy stuff, we throw stuff out. This includes Xboxes, new faucets, pencils, sheets, toothpaste…you...more

Court Tosses RCRA Verified Recycler Exclusion but Retains Balance of Definition of Solid Waste Rule

by Bergeson & Campbell, P.C. on

On July 7, 2017, the U.S. Court of Appeals for the D.C. Circuit found “unreasonable,” and thus threw out, the “verified recycler” exclusion promulgated by the U.S. Environmental Protection Agency (EPA) in its 2015 revisions...more

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

D.C. Circuit Invalidates Part of the RCRA Definition of “Solid Waste,” Altering the Regulatory Framework for Recycling of...

by Beveridge & Diamond PC on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “Court”) issued a decision invalidating two key elements of the regulatory definition of solid waste under the Resource...more

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