News & Analysis as of

Solid Waste

Shipman & Goodwin LLP

Pack It Up: Checking on State-Level EPR Programs

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Extended producer responsibility laws for packaging, paper products, and food serviceware are the latest in a long line of inconsistent state regulatory regimes causing compliance concerns for Connecticut manufacturers that...more

Beveridge & Diamond PC

Ninth Circuit Directs EPA to Consider Whether DecaBDE Rule Should Extend to Solid Waste Disposal, Wastewater Treatment, and...

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Key Takeaways - What Happened: The Ninth Circuit reminded us that TSCA has teeth—and those teeth may apply to the world of recycling, disposal, wastewater, and biosolids. On May 13, 2026, the Ninth Circuit remanded the...more

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

Association of State and Territorial Solid Waste Management Officials: 2026 Recycling Position Paper Issued

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a 2026 Recycling Position Paper (“Position Paper”). The Position Paper was approved by the ASTSWMO Board on March 11th....more

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

Scrap Tires Combusted in Cement Kilns/Non-Hazardous Secondary Materials Regulations: U.S. Environmental Protection Agency Proposed...

The United States Environmental Protection Agency (“EPA”) is proposing a rule designating scrap tires (including previously abandoned scrap tires) that are combusted in cement kilns as non-waste fuel. See 91 Fed. Reg. 13804...more

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

Solid Waste Enforcement: Louisiana Department of Environmental Quality and Concordia Parish Oil and Gas Exploration/Production...

The Louisiana Department of Environmental Quality (“LDEQ”) and White River Operating LLC (“WR”) entered into a Settlement Agreement (“SA”) addressing alleged violations of the Louisiana Solid Waste Regulations. See...more

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

Solid Waste/RCRA: Federal Court Addresses Status of Medicinal Product

The United States District Court for the Northern District of California (“Court”) addressed in a January 21st Opinion an issue arising under the Resource Conservation and Recovery Act (“RCRA”). See Westerfield v. L'Oreal...more

Cozen O'Connor

Texas Attorney General Gets Winded over Wind Turbine Waste Sites

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Texas AG Ken Paxton filed a lawsuit against Global Fiberglass Solutions, Inc. and several affiliates (collectively, “Global”) for allegedly violating the Texas Solid Waste Disposal Act and an administrative order by...more

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

Solid Waste Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Landfill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and BFI Waste Systems of Mississippi, LLC (“BFI”) entered into a January 12th Agreed Order (“AO”) addressing alleged violations of a solid waste permit. See Order...more

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

Solid Waste Enforcement: New Hampshire Department of Environmental Services and Bethlehem Landfill Enter into Consent Decree

The State of New Hampshire Department of Environmental Services (“NHDES”) and North Country Environmental Services (“North Country”) entered into a January 12th Consent Decree (“CD”) addressing violations of New Hampshire...more

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

Solid Waste Landfills and Radioactive Material Survey: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a January 2026 report titled: Solid Waste Landfills and Radioactive Material Survey Report (“Report”)....more

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

Commercial and Industrial Solid Waste Incineration Units/Disaster Recovery: Environmental Organizations Judicial Challenge to U.S....

The United States Environmental Protection Agency (“EPA”) published on August 22nd an interim final rule/request for comment providing for the temporary use of incineration units subject to commercial and industrial solid...more

Mayer Brown

Brazil Publishes Federal Decree Establishing Reverse-Logistics System for Plastic Packaging

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The Brazilian government has published Federal Decree No. 12,688/2025, regulating provisions of Federal Law No. 12,305/2010 (the “National Policy on Solid Waste”) and establishing the nationwide reverse-logistics system for...more

Ropes & Gray LLP

Producer Reporting Begins under California’s Plastic and Packaging EPR Law – Less Than Three Weeks to Go

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The initial due date for producer reports under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act is fast approaching. We further discuss the reporting requirement in this post. California’s...more

Williams Mullen

Multiphase Solid Waste Ignitability Rule: Regulating the Unknown

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Deciding the regulatory status of solid phase wastes is difficult but determining whether those wastes should be evaluated as ignitable liquids at some time in the future is nearly impossible. Yet, that is what the law...more

Williams Mullen

Environmental Notes - October 2025

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On September 4, 2025, the White House published its Semiannual Agenda of Regulatory and Deregulatory Actions in which it discussed EPA’s plans regarding the issuance or revocation of regulations under certain environmental...more

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

U.S. Environmental Protection Agency Hazardous Waste Electronic Manifest System: Association of State and Territorial Solid Waste...

The Hazardous Waste Subcommittee of the Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) sent a September 16th letter providing comments to the United States Environmental Protection Agency...more

Snell & Wilmer

Feed It Onward Turns Food Waste Into Opportunity

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On September 5, 2025, the U.S. Environmental Protection Agency (EPA) launched Feed It Onward — a new national initiative designed to reduce food waste, strengthen food security, and support communities across the country —...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Plastics Production, Use, and Recycling – Key TSCA Considerations

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Nine Years Later. The...more

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

2025 Arkansas Solid Waste Association of North America Annual Meeting/Update: Randy Thurman, Government Solutions, LLC - Solid...

Randy Thurman undertook a presentation at the August 20, 2025, Arkansas Solid Waste Association of North America (“SWANA”) Annual Meeting/Update in Conway, Arkansas titled: Solid Waste Legislative Update (“Update”). Randy is...more

Latham & Watkins LLP

What Lies Ahead for Advanced Plastics Recycling Industry After EPA Withdrawal of Proposed TSCA SNURs?

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On July 9, 2025, the US Environmental Protection Agency (EPA) withdrew significant new use rules (SNURs) proposed under Section 5 of the Toxic Substances Control Act (TSCA) for 18 chemicals derived from waste plastic...more

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

Commercial and Industrial Solid Waste Incineration Units/Disaster Recovery: U.S. Environmental Protection Agency Interim Final...

The United States Environmental Protection Agency (“EPA”) published on August 22nd an Interim Final Rule/Request for Comment providing for the temporary use of incineration units subject to commercial and industrial solid...more

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

Biomass Processed to Make Biochar Product: U.S. Environmental Protection Agency Interpretive Letter

The United States Environmental Protection Agency (“EPA”) addressed in a June 23rd Interpretive Letter a request for a non-waste determination under the non-hazardous secondary material (“NHSM”) rule in 40 CFR part 241....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Arkansas Department of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Arkansas Department of Transportation (“DOT”) entered into a July 10th Consent Administrative Order (“CAO”) addressing an...more

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality Issues Notice of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) issued a Notice of Violation (“NOV”) to Eaton-Moery Environmental Services, Inc. (“Eaton”). See LIS No. 07-098. The NOV states...more

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

Recommendations for Superfund Cleanup Program Improvements: Association of State And Territorial Solid Waste Management Officials...

The Association of State And Territorial Solid Waste Management Officials (“ASTSWMO”) released a position paper titled: RECOMMENDATIONS FOR SUPERFUND CLEANUP PROGRAM IMPROVEMENTS (“Position Paper”)....more

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