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Krause v. Omaha, City of

ELR Citation: 46 ELR 20041
Nos. 15-2985, (8th Cir., 02/22/2016)

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use, it was not "discarded." The road salt, therefore, does not meet the statutory definition of "solid waste" under RCRA, and the lower court properly dismissed the case on those grounds.