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DC Circuit Upholds EPA’s Latest RCRA Recycling Rule

On July 2, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of California Communities Against Toxics, et al. v. EPA. In this decision, the court rejected the latest petition to strike or...more

Recent Environmental Cases: Something in the Water, in the Air and in the Woods

State of Texas, et al. v. US EPA. The revised regulatory definition of “Waters of the U.S.” continues to generate litigation in the federal courts....more

EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes

After much study, EPA has decided against changing its current RCRA Subtitle D rules affecting the state regulation of oil and gas exploration & production waste. ...more

Seventh Circuit Affirms Denial of Injunctive Relief in RCRA Citizens Suit and Rejects “Continuing Violation” Argument

On March 4, the U.S. Court of Appeals for the Seventh Circuit decided an important Resource Conservation and Recovery Act (RCRA) Citizen Suit, LAJIM, LLC, et al. v. General Electric Co., affirming the U.S. District Court for...more

New CWA Citizen Suit on Liability for Groundwater Discharges

On September 30, the U.S. District Court for the District of Massachusetts issued a ruling dismissing claims that the operation of a municipal waste landfill violated the Clean Water Act (CWA) and Resource Conservation and...more

Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by...more

DC Circuit Rules on Challenges to EPA’s 2015 Final Rule Governing Disposal of Coal Residuals Produced by Electric Companies and...

On August 21, the U.S. Court of Appeals for the District of Columbia decided the “coal combustions residuals” case: Utility Solid Waste Activities Group, et al. , v. EPA. This new Resource Conservation and Recovery Act (RCRA)...more

New Federal Register Notices (May 30, 2018)

The following notices were published yesterday: 1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more

Brief Report On RCRA Developments

Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments: 1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will...more

The Fall 2017 Unified Federal Regulatory Agenda

The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more

Ninth Circuit Issues Guidance on RCRA Section 1006 Anti-Duplication Provision

On November 2, the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited ruling in Ecological Rights Foundation v. Pacific Gas & Electric Company, which clarifies the Resource Conservation and Recovery Act’s...more

EPA Issues Final Report re: Development of Domestic Energy Resources

In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency...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

8/14/2017  /  CERCLA , Contamination , RCRA , Superfund

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

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more

WV District Court: EPA Has A Non-discretionary Duty Under The CAA To Evaluate Economic Losses Resulting From Government Action

On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and...more

DC Circuit Upholds EPA’s CAA Rules Governing Industrial Boilers and Incinerators

On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more

House Wants to Weigh in on Definition of “Solid Waste”

Bi-partisan legislation has been introduced in the House of Representatives (H.R. 5685), known as the “Farm Regulatory Certainty Act,” a bill that would amend Resource Conservation and Recovery Act’s (RCRA) definition of...more

Weekend Roundup of Environmental and Regulatory Law Developments

Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more

Commonality and Cohesiveness Lacking for Class Contamination Claims

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit, in Ebert, et al., v. General Mills, Inc., reversed the federal district court’s decision to grant class certification in an environmental contamination...more

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules

After years of relative easing in its interpretation of the Resource Conservation and Recovery Act rules that govern industrial recycling, the Environmental Protection Agency is now taking a harder line. A recently issued...more

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