News & Analysis as of

Recycling

Solid Waste Association of North America: Comments on Proposed Updated Catalogue of Solid Waste Forbidden to Import into China

The Solid Waste Association of North America (“SWANA”) on August 31st submitted comments to the World Trade Organization (“WTO”) and the People’s Republic of China in regards to China’s intent to update its Catalogue of Solid...more

Off-Specification Used Oil: July 27th U.S. Environmental Protection Agency Interpretive Letter

The United States Environmental Protection Agency (“EPA”) addressed in a July 27th letter various requests regarding off-specification (“Off-Spec”) used oil....more

Arkansas Department of Environmental Quality Public Notices Emergency Rulemaking: Regulation 36/Used Tire Recycling and...

The Arkansas Department of Environmental Quality (“ADEQ”) on August 31st public noticed an emergency rulemaking undertaken by the Arkansas Pollution Control and Ecology Commission (“Commission”)....more

Differentiating Scrap and Solid Waste: Institute of Scrap Recycling Industry's Comments on Proposed Updated Catalogue of Solid...

The Institute of Scrap Recycling Industry (“ISRI”) on August 28th announced it submitted comments to the World Trade Organization (“WTO”) and People’s Republic of China in regards to China’s intent to update its Catalogue of...more

California Businesses Will Have to Stop Landfilling Organic Waste

Pending regulations now being developed by CalRecycle will have a significant impact on persons generating, transporting, recycling and disposing of organic waste in California. These regulations should become final by...more

Corporate Sustainability Efforts on Upswing

by Sullivan & Worcester on

Despite the new administration’s efforts to rollback Obama Era environmental regulations, most businesses in the U.S. are maintaining their commitments to sustainability. According to Lucid’s 2017 Sustainability Outlook...more

California Mandatory Packaging Waste Management Initiative

CalRecycle, the California state agency responsible for solid waste and recycling regulatory programs, estimates that packaging represents about one-quarter of California's total disposal stream. Packaging includes cardboard,...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

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

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

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

DC Court of Appeals Rules on EPA’s Latest Effort to Regulate Recycling of Hazardous Secondary Materials

The first Resource Conservation and Recovery Act ( RCRA) solid waste definitional decision, the celebrated American Mining Congress v. EPA case, was decided exactly 30 years ago, and it reverberates to this day. In...more

D.C. Court of Appeals Vacates Key Criterion for Determining Sham Recycling

by Freeborn & Peters LLP on

Ever since the EPA’s 1985 rulemaking on the Definition of Solid Waste, 50 Fed. Reg. 614 (1985), the question of how one distinguishes legitimate recycling from sham recycling has puzzled both regulators and recyclers. The...more

RCRA Hazardous Waste Generator Improvements Rule Becomes Effective

On May 30, 2017, the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Generator Improvements Rule became effective. 81 Fed. Reg. 85732 (Nov. 28, 2016). The rule will not become effective in RCRA-authorized...more

China Increases Focus on Electronic Waste

by Latham & Watkins LLP on

As a world leader in the manufacturing of electronic devices, China is beginning to reform its rules and regulations to ensure that the resulting framework is able to keep pace with the rapid developments now taking place in...more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

RCRA Update: New Hazardous Waste Generator Rule Goes Into Effect in May 2017

EPA’s final Hazardous Waste Generator Improvements Rule (“Rule”), which goes into effect on May 30, 2017, contains approximately 60 revisions to the hazardous waste generator regulatory program. The revisions focus on...more

Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion

by Downey Brand LLP on

Climate Change Law - In its recently adopted Short-Lived Climate Pollutant (SLCP) Strategy, the California Air Resources Board (ARB) identifies POTWs as key components of the state’s strategy to reduce methane...more

$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act...more

Bursting at the Seams: Expanded “Purple Pipe” Requirements

Existing on-site water recycling requirements for toilets, urinals and landscaping have applied to buildings of 250,000 gross square feet or larger in the Reclaimed Water Use Map (the “Map”) area since November 2015. The Map...more

County Counsel Teamwork: The Exide Story

by Best Best & Krieger LLP on

Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU

by White & Case LLP on

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU — fine imposed on Altstoff Recycling Austria reduced by 30% in exchange for its co-operation with the Commission...more

Another Step Closer to Direct Potable Reuse: California Releases Draft Report on the Feasibility of Developing Regulations for...

by Snell & Wilmer on

The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”). California Water Code Section 13561 defines “direct potable reuse” as...more

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