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Parola v. Weinberger

ELR Citation: 18 ELR 20882
Nos. Nos. 86-2963 et al., 848 F.2d 956/27 ERC 2081/(9th Cir., 06/01/1988)

The court rules that §6001 of the Resource Conservation and Recovery Act (RCRA) requires federal installations to comply with local arrangements for solid waste collection and disposal, including exclusive garbage collection franchises. Plaintiff, which had been granted the exclusive garbage collection rights in the city of Monterey, California, filed a protest under the Competition in Contracting Act to two bid solicitations issued by the Navy and Army for garbage collection at two facilities in the city. The court first holds that the district court had jurisdiction over plaintiff's action under §10 of the Administrative Procedure Act, since the action arises under federal procurement laws and RCRA §6001 and no statute expressly excludes review. RCRA's citizen suit provision does not displace plaintiff's independent basis for the suit under the APA. The court holds that the General Accounting Office's (GAO's) decision in favor of plaintiff's bid protest is not entitled to deference, since GAO has no special expertise in interpreting environmental statutes.

The court holds that the city's exclusive franchise ordinance is a "local requirement" for control and abatement of solid waste that federal facilities must comply with under RCRA §6001. RCRA §6001 applies to waste collection as well as waste disposal. The term "requirement" is not limited to substantive environmental standards, but also includes the procedural means by which those standards are implemented. Further, RCRA's legislative history reveals a desire that state and local authorities establish comprehensive solid waste disposal and collection systems and that exclusive disposal systems could be necessary at the local level.

Counsel for Defendants-Appellants
Maria A. Iizuka
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2753

Counsel for Appellees
Oliver L. Holmes, Janelle M. Diller
Pettit & Martin
35th Floor, 101 California St., San Francisco CA 94111
(415) 434-4000

Before Farris and Quackenbush, JJ.