Waste Disposal

News & Analysis as of

Substantive Dispute over Land Application of Biosolids Remains Unresolved

Form over substance continues to obscure the substantive issue presented in the case of the City of Los Angeles (City) vs. Kern County (County). At its core, the dispute involves the land application of biosolids. Biosolids...more

Maine DEP Proposes Hazardous Waste Rule Changes

Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

The Value Of Going Round In Circles

However the waste sector is now at a watershed. There are mixed messages from government – on the one hand the government owned Green Investment Bank has pointed to a potential £5bn gap in waste treatment capacity in the UK...more

Cleaning House? – Environmental Issues to Consider

While spring is typically the time of year we think of for cleaning, I find fall a good time to do it. I probably never got over the feeling of new beginnings that come with fall and school starting. So, as I was cleaning my...more

Oil and Gas Developer Challenges an Extreme Waste Disposal Ordinance Enacted by a Pennsylvania Township

Oil and gas developer Pennsylvania General Energy Company, LLC (“PGE”) recently filed suit against Grant Township in Indiana County, Pennsylvania, alleging that a waste disposal ordinance enacted by the Township violates the...more

Solid Waste and Water Planning Dominate 2014 Connecticut Public Acts Concerning the Environment

The Connecticut General Assembly’s 2014 “short session” yielded a modest crop of public acts concerning the environment. Nevertheless, the bills introduced in the session included three sweeping initiatives with multi-year...more

Solid Waste Change of Direction: “Materials Innovation and Recycling Authority”

Public Act 14-94 creates a “Materials Innovation and Recycling Authority” (MIRA) as successor to the Connecticut Resource Recovery Authority (CRRA). The bill sets ambitious goals for solid waste management and recycling –...more

Fracking Contractor Sentenced to 28 Months in Prison for Clean Water Act Violation

A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more

Shots Fired: PA Auditor General Releases Oil and Gas Audit

On Tuesday, the Pennsylvania Auditor General’s Office released a report criticizing the Department of Environmental Protection (DEP) for failing to adequately track and respond to public complaints concerning water quality...more

RCRA Developments - What’s Hot, What’s Simmering?

EPA’s efforts to regulate certain types of wastes as hazardous wastes -- some decades in the making -- are starting to see the light of day. Ranging from “very hot” to “simmering,” a number of EPA’s rules under the Resource...more

The Academic Laboratory Exception

Part One: Determining Eligibility - The federal Resource Conservation and Recovery Act, usually referred to as “RCRA”, governs the storage and disposal of hazardous waste, including hazardous medical waste. In addition...more

Another Man's Treasure: Four Reasons To Consider Selling AG Waste For Energy

Editor’s note: This is the second of a three-part series looking at the opportunity of biofuels and new sources farmers can provide. The U.S. Energy Information Administration predicts tremendous growth in the use of...more

What’s New Out There? Highlights from the March 2014 Federal Register

A. EPA Adopts Final Rule: EPA-Specific Past Performance Regulations (79 Fed. Reg. 15921-24) (3/21/2014) - The EPA is deleting EPA-specific past performance regulations in the EPA Acquisition Regulation (EPAAR) because...more

Proposed Regulation of Hazardous Waste in Retail Sector

The Environmental Protection Agency has released a Notice of Data Availability (NODA) in order “to collect information towards improving hazardous waste requirements for the retail sector.” Retailer hazardous waste violations...more

BRG Review: Winter 2014 - Volume 4, Issue 1

In This Issue: - Introduction - Market Share Liability from an Economics Perspective - The Safety of Chemical Products - Chemical Leaks and Spills - Excerpt from Introduction: An important...more

Retailers: It’s Time To Check How Your Stores Manage Their Waste

If you’re a retailer, it’s a good time to assess your system for tracking and managing hazardous waste. Think you don’t generate any? Think again. Those aerosol cans, product returns from customers, old pharmaceuticals and...more

Mixed Result In A Louisiana Legacy Pollution Case

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process....more

EPA Finalizes Regulatory Agenda, But House Moving To Curb The Agency

On January 7, federal agencies, including EPA, published in the Federal Register the Agency’s proposed regulatory agendas for 2014. EPA’s agenda was generally consistent with the unified agenda published prior to...more

Under The Dome: Inside The Maine State House 1-10-2014

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislative Session Starts with a Flurry of Activity - On the morning of January 8th, the...more

Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act

In a recent decision, the Pennsylvania Supreme Court held as unconstitutional several provisions in Act 13, which, in part, amended Pennsylvania's Oil and Gas Act to permit oil and gas operations in all zoning districts....more

California Environmental Law and Policy Update - December 19, 2013

California plans tighter control of hydraulic fracturing, but not enough for some - New York Times - Dec 13: California oil and gas companies using hydraulic fracturing to tap the nation’s largest oil shale formation...more

The Old Razzle Dazzle Is Not Sufficient: DOE May Not Collect a Nuclear Waste Disposal Fee If It Has No Way to Dispose of the Waste

In an opinion last week surprising only for the shortness of the shrift that the Court gave to DOE’s arguments, the DC Circuit Court of Appeals ruled that DOE may not continue to collect nuclear waste handling/disposal fees...more

Virginia Environmental Regulatory Developments (October 2013)

The amendment revises the definition of volatile organic compound (VOC) to add trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of substances not considered to be VOCs. The amendment comports with the...more

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