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State programs, §3006

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...

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...

Environmental Federalism Part I: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN

The Resource Conservation and Recovery Act (RCRA),1 the Clean Water Act (CWA),2 and the Clean Air Act (CAA)3 represent federal regulatory regimes for...

Harmon Limits RCRA Enforcers to One Bite

Editors' Summary: In Harmon Industries, Inc. v. Browner, the Eighth Circuit held that once a state with an authorized RCRA program has taken an enforcement action against a defendant, EPA may not maintain a separate...

Is RCRA Enforceable by Citizen Suit in States With Authorized Hazardous Waste Programs?

Editors' Summary: RCRA allows EPA to authorize any state that has a qualified hazardous waste program to operate its program in lieu of the federal RCRA hazardous waste (subchapter III) program. When a state has received such...