Resource Conservation and Recovery Act (RCRA)

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner…

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned…

A district court held that a tribal appellate court had the authority to impose permit fees on an operator of a phosphorus production plant. The plant sits on 1,450 acres of land lying mostly…

The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant's diminished mental capacity in a case involving a criminal conviction under RCRA. The…

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent…

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “…

A district court held that RCRA gives it the authority to grant a golf course's request for mandatory injunctive relief against a company to stop further contamination and to remediate past…

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood…

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…

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…