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Resource Conservation and Recovery Act (RCRA)

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...

El Paso Natural Gas Co. v. United States

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and...

Evanston v. Texaco, Inc.

A district court held that a town may go forward with its RCRA and common law tort claims against an oil company for soil and groundwater contamination on and around a property formerly occupied by a gasoline service station. The...

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...

Appalachian Voices v. McCarthy

A district court ordered EPA to submit within 60 days a schedule on when it proposes to complete its review and revision of its RCRA Subtitle D coal ash regulations. In 1980, Congress amended RCRA by adding §3001(b)(3)(A)(ii), known as...

Stratford Holding, LLC v. Foot Locker Retail Inc.

A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a...

United States v. Humphries

The Ninth Circuit affirmed a lower court's conviction of a chemical company owner for illegally storing hazardous wastes without a permit in violation of RCRA. On appeal, the owner argued that the lower court improperly instructed the...