The court holds that it lacks jurisdiction to review a mining corporation's Resource Conservation and Recovery Act (RCRA) claims arising from a U.S. Environmental Protection Agency (EPA) document addressing whether certain mining processes produced hazardous waste. The document discussed the rare ea...

The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...

The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...

The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...

The court holds that the U.S. Environmental Protection Agency (EPA) may seek to enforce the Resource Conservation and Recovery Act's (RCRA's) financial assurances requirements against an engineering company even though the state of Colorado already initiated an enforcement action against the company...

The court holds that the Resource Conservation and Recovery Act (RCRA) does not authorize a citizen suit against a California city's solid waste disposal site for violation of RCRA authorized state regulations that are more stringent than federal minimum standards. The court first holds that RCRA au...

The court holds that an electric arc furnace dust recycler's petition to review a U.S. Environmental Protection Agency's (EPA's) rule that excludes electric arc furnace dust from the Resource Conservation and Recovery Act's (RCRA's) hazardous waste list was not filed within RCRA §7006's 90-day fili...

The court holds that the military and state secrets privilege and the Resource Conservation and Recovery Act (RCRA) §6001 presidential exemption bar two RCRA citizen suits against the U.S. Air Force and the U.S. Environmental Protection Agency (EPA). The two suits alleged RCRA violations and sought...

The court holds that property owners could proceed under either a general or alternative liability theory in a Resource Conservation and Recovery Act (RCRA) suit against former operators of a gasoline station on their property. The court first holds that it does not possess enough information to mak...

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...