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Resource Conservation and Recovery Act (RCRA)

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...

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in...

Management of Environmental Liabilities in Business Transactions

This Comment seeks to prepare lawyers to address environmental risk management in the context of transactions, including: (i) transfers of ownership of corporate assets and of real property; (ii) extensions of ...

The Saga Continues—Howmet and the Ongoing Uncertainty of Solid Waste Regulation Under RCRA

It is said that nothing is constant except change. For industry trying to keep up with its environmental obligations, perhaps the more appropriate saying would be that nothing is constant except regulatory uncertainty. Under President...

RCRA's Statutory and Regulatory Framework

Editors' Summary

Most people are unsure of how to address complicated issues associated with RCRA permitting, federal facilities, and hazardous and radioactive mixed waste. The sheer number of EPA rules alone (over 900) can be...

Ending Both Forms of Grandfathering in Environmental Law

Editors' Summary: Grandfathering is a form of what some tax scholars call transition relief--the payment of compensation for a legal change. Grandfathered polluters and grandfathered emissions permits are both compensations for legal...

Endangerment, Aviall, and CERCLA Administrative Consent Orders—The New Challenges of Managing Hazardous Waste Contamination

Editors' Summary: Parties undergoing cleanups at contaminated sites under CERCLA that have also been served with a notice of a citizen suit under RCRA face ambiguity and uncertainty as they try to make sense out of these two statutory...

A Look at EPA Overfiling: Can Harmon and Power Engineering Exist in Harmony?

Federal law divides the responsibility of enforcing federal environmental regulations between federal agencies, typically the U.S. Environmental Protection Agency (EPA), and state agencies.1 Generally, state...

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...

Environmental Federalism Part II: The Impact of Harmon, Smithfield, and CLEAN on Overfiling Under RCRA, the CWA, and the CAA

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative decisions relating to overfiling under the...