The D.C. Circuit denied several petitions for review challenging aspects of an EPA rule that provides procedures for classifying non-hazardous secondary materials as RCRA "solid waste" for the purpose of CAA emission standards for incinerators and other combustion units. The rule classifies secondar...

The D.C. Circuit held that energy companies lack standing to challenge EPA's determination that carbon dioxide (CO2) streams injected into Class VI wells for the purpose of geologic sequestration constitute "solid waste" subject to RCRA. Class VI wells are designated to receive CO2 streams generated...

A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On remand from the Seventh Circuit, the district court was ordered to reconsider the PRP's divisibility defe...

The D.C. Circuit ordered EPA to submit a timeline for when it will issue its financial assurance rules under CERCLA to ensure that industries that handle hazardous substances have the financial means to clean up any releases. It has been nearly 30 years since Congress charged EPA with issuing such r...

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval ...

A North Carolina court issued a preliminary injunction barring the state Mining and Energy Commission from accepting or processing any hydraulic fracturing applications until the state Supreme Court issues its opinion in a similar case concerning the constitutionality of the Commission's appointment...