Jump to Navigation
Jump to Content

Resource Conservation and Recovery Act (RCRA)

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its...

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...

North Carolina Environmental Justice Network v. Taylor

A district court denied a swine farm's motion to strike an environmental group's request for a jury trial in their CWA and RCRA citizen suit. The group's citizen suit alleged that the farm illegally dumped swine waste onto surrounding...

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...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(q). Section 3004(q) directs EPA to establish...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process. Under the exclusion, oil-bearing hazardous secondary materials that are...

Thompson Corners, LLC v. New York State Department of Environmental Conservation

A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of...

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...