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Definitions, §1004

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released...

Northern Illinois Gas Co. v. City of Evanston

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not...

Solvay USA Inc. v. Environmental Protection Agency

The D.C. Circuit denied several petitions for review challenging aspects of an EPA rule that provides procedures for classifying non-hazardous secondary materials as RCRA "solid waste" for the purpose of CAA emission standards for...

Carbon Sequestration Council v. Environmental Protection Agency

The D.C. Circuit held that energy companies lack standing to challenge EPA's determination that carbon dioxide (CO2) streams injected into Class VI wells for the purpose of geologic sequestration constitute "solid waste" subject to RCRA...

Community Ass'n for the Restoration of the Environment, Inc. v. Cow Palace, LLC

A district court held that a dairy's application, storage, and management of manure violated RCRA's substantial and imminent endangerment and open dumping provisions. Manure can generally be a useful product when stored and subsequently...

Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from the company's railyards. RCRA’s citizen suit...

United States v. Mountain State Carbon LLC

A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The...

Premiere Associates, Inc. v. EXL Polymers, Inc.

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an...