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Regulations

EPA’s Coal Ash Rule: Implications for Regulated Entities, Results for the Environment

The disposal of coal ash, a combustion byproduct from coal-fired power plants, came to national attention when, on December 22, 2008, the Tennessee Valley Authority Kingston power plant suffered one of the largest coal ash spills in...

Cost-Benefit Analysis Through the Back Door of "Reasoned Decisionmaking"?

Few environmental cases have received as much attention as American Trucking Ass'n v. U.S. Environmental Protection Agency,2 recently argued before the U.S. Supreme Court. Even readers of the mainstream...

Adding the RCRA Mixed Sewage Exclusion to Your Compliance Arsenal

Editors' Summary: Unlike other regulatory provisions of RCRA, the mixed sewage exclusion has been largely ignored by legal and technical scholars. Industry may be overlooking a potentially attractive opportunity, however, because the...

Using Generator Knowledge to Characterize Waste Under RCRA: Gambling on the Use of "Unacceptable" Knowledge

Editors' Summary: A generator may use its knowledge of processes and materials to determine whether a waste must be managed as hazardous waste. This is generally referred to as using "process" or "generator" knowledge to characterize...

HWIR: A New Era in Hazardous Waste Management?

The history of hazardous waste management divides into two eras: the cradle-to-grave era (beginning in 1980)1 and the land disposal restrictions (LDR) era (beginning in 1986).2 Since...

Rebuttal: The Mixture Rule and the Environmental Code

The U.S. Environmental Protection Agency's (EPA's) "mixture rule for hazardous waste was vacated by the U.S. Court of Appeals for the D.C. Circuit in Shell Oil Co. v. U.S. Environmental Protection Agency.1...

EPA's Continuing Jurisdiction Regulation: A Response to The Mixture Rule and the Environmental Code

Can listed hazardous waste escape the requirements of Subtitle C1 of the Resource Conservation and Recovery Act (RCRA),2 without being delisted, simply by being mixed with other...

EPA's Mixture Rule: Why the Fuss?

For over a decade, the U.S. Environmental Protection Agency's (EPA's) "mixture rule" clarified the status under the Resource Conservation and Recovery Act1 (RCRA) of mixtures containing listed hazardous waste...

RCRA Imminent Hazard Authority: A Powerful Tool for Businesses, Governments, and Citizen Enforcers

Years ago, environmental law was considered a specialized branch of administrative law. Environmental law-suits generally involved either enforcement (government regulators or environmentalists suing businesses) or regulatory appeals (...

Burning Mad: The Controversy Over Treatment of Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces

Editors' Summary: This Article examines the burning of hazardous waste in incinerators, boilers, and industrial furnaces, as regulated by RCRA. After providing a background on the controversy and competing claims about the thermal...