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Resource Conservation and Recovery Act (RCRA)

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The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood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

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National...

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...