A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly within Shoshone-Bannock Fort Hall Reservation, and produced 22 million tons of waste stored on the reservati...

The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant's diminished mental capacity in a case involving a criminal conviction under RCRA. The defendant was sentenced to 46 months in prison for storing more than 3,000 containers of paint and paint-related mate...

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent agreement between the manufacturing company and a golf course owner obligated the company to perform remed...

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special ...

The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...