News & Analysis as of

RCRA

Jenner & Block

Legal Considerations Concerning the End-of-Life Management of Solar, Wind, and Battery Technologies in the US

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Solar, wind, and battery technologies have, and will continue to be, front and center of the renewable energy and clean technology transition. Entities in the renewable energy and clean technology space should be closely...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Memphis...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 14th Director’s Order and Assessment (“Order”) to Federal Express Corporation (“Federal Express”). See Case No. HWM 24-0028....more

Troutman Pepper Locke

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

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On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Lincoln Automobile Manufacturing Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Honda Development & Manufacturing of America, LLC DBA Alabama Auto Plant (“Honda”) entered into a Consent Order (“CO”) addressing alleged violations of the...more

Wenning Environmental

Decision-Support Tools For Contaminated Sites

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A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more

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

Environmental Criminal Enforcement: Eugene, Oregon Wood Treatment Facility Operators Sentenced for Alleged Hazardous Waste/Clean...

The United States Department of Justice (“DOJ”) issued an April 23rd news release stating that a federal judge in Oregon sentenced two companies responsible for the operation of the J.H. Baxter wood treatment facility in...more

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

U.S. House of Representatives Appropriation Committee: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted testimony to the United States House Appropriations Subcommittee on Interior, Environment, and Other Related Agencies. The...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Tracy, California Glass Container Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Owens-Brockway Glass Container Inc. (“OB”) entered into an April 8th Consent Agreement (“CA”) addressing alleged violations of the Resource Conservation and...more

Williams Mullen

Drumming Up a Change? EPA’s Review of the RCRA “Empties” Rule and Its Impact on Generators and the Drum Reconditioning Industry

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EPA recently initiated a rulemaking process aimed at reviewing how empty industrial drums are regulated under the Resource Conservation and Recovery Act (RCRA). This is a move which could have significant implications for...more

Williams Mullen

Environmental Notes - April 2025

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Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

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

RCRA Guidance Letter/Military Munitions Rule: U.S. Environmental Protection Agency Addresses Manifest Exemption for Geographically...

The United States Environmental Protection Agency (“EPA”) Office of Resource Conservation Recovery addressed in a March 6th Resource Conservation and Recovery Act (“RCRA”) guidance letter a request from the University of...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Circuit Board Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Sanmina Corporation (“SC”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See Consent Order No....more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

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President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Camden, New Jersey Drum Reconditioner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Patrick J. Kelly Drums, Inc. (“PJKD”) entered into a February 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource...more

Paul Hastings LLP

RCRA Rules Face Hazardous Times

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In an executive order issued February 19, 2025, President Donald Trump instructed federal agency heads to “initiate a process to review all regulations subject to their sole or joint jurisdiction” for purposes of “rescinding...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Columbus, Ohio Paint Corporation Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Yenkin-Majestic Paint Corporation (“YMPC”) entered into a February 19th Expedited Settlement Agreement (“ESA”) addressing alleged Resource Conservation Recovery...more

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

Improved Procedures for Facility/Site Transfers Between RCRA Hazardous Waste Cleanup/CERCLA Cleanup Activities: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a December 19, 2024 Resource Conservation Recovery Act (“RCRA”) guidance document titled: Improved Procedures for Facility/Site Transfers Between RCRA Hazardous...more

Beveridge & Diamond PC

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off (Updated)

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We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts. In a stark directive, Trump has...more

Gray Reed

Waste Management Companies Beware! The Resource Conservation and Recovery Act was Amended

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In a previous post, I mentioned that contracts between public entities and private waste management companies usually contain compliance and regulation clauses.  Such a clause requires a waste management company to comply...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Allentown, Pennsylvania Coil Coating Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Vorteq Coil Finishers, LLC (“Vorteq”) entered into a January 22nd Consent Agreement (“CA”) addressing alleged violations of the Resource Conservation and Recovery...more

Troutman Pepper Locke

Recent Executive Action May Impact PFAS Regulation

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The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),...more

Balch & Bingham LLP

Managing Solid Waste Challenges in the Energy Transition

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The transition to sustainable energy in the United States is reshaping how we create, store, and use energy – especially electricity – and the landscape is changing rapidly. This shift introduces new waste management...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Buffalo, New York Diagnostics Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) in IMMCO Diagnostics (“ID”) entered into an October 3 expedited settlement agreement (“ESA”) addressing an alleged violation of the Resource Conservation Recovery Act...more

McGlinchey Stafford

Stericycle Agrees to Pay $9.5 Million Civil Penalty for RCRA Violations

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On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves...more

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

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more

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