ELR Citation: ELR 20211
No(s). 09-5360 (D.C. Cir. Aug 6, 2010)

The D.C. Circuit held that used potassium hydroxide (KOH) shipped for reuse to a fertilizer company is a "waste" under RCRA. EPA filed suit against an aerospace casings manufacturer under RCRA after it shipped used KOH to a fertilizer company. The manufacturer argued that the used KOH was not waste ...