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Regulations

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA....

Appalachian Voices v. McCarthy

A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not...

United States v. Magnesium Corp. of Am.

The Tenth Circuit vacated a lower court decision granting summary judgment in favor of a magnesium company on claims that its handling of waste violated RCRA Subtitle C. The company argued that EPA exempted the five wastes at issue from...

Arc Ecology v. U.S. Maritime Admin.

A district court denied environmental groups’ motion for partial summary judgment with respect to their claim that the United States’ maintenance of the Suisun Bay Reserve Fleet violated EPA’s surface water criterion...

West Virginia Highlands Conservancy v. Johnson

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such...

Safe Food & Fertilizer v. EPA

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study....

Covington v. Jefferson

The Ninth Circuit holds that a district court erred in holding that residents living across from a county dump lacked standing to bring Clean Air Act (CAA) claims based on ozone degradation against a county health department and in...

Safe Food & Fertilizer v. EPA

The court largely upholds the U.S. Environmental Protection Agency's (EPA's) determination that Subtitle C of the Resource Conservation and Recovery Act (RCRA) does not apply to recycled materials used to make zinc fertilizers, or to...

Atlantic States Legal Found. v. EPA

The court holds that environmental groups' claim that the U.S. Environmental Protection Agency (EPA) violated the Resource Conservation and Recovery Act (RCRA) by promulgating regulations allowing electric, telephone, and natural gas...