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Identification and listing of hazardous waste

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...

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....

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...

Cost-Benefit Analysis Through the Back Door of "Reasoned Decisionmaking"?

Few environmental cases have received as much attention as American Trucking Ass'n v. U.S. Environmental Protection Agency,2 recently argued before the U.S. Supreme Court. Even readers of the mainstream...

American Petroleum Inst. v. EPA

The court vacates a portion of a U.S. Environmental Protection Agency (EPA) regulation in which it determined that oil-bearing wastewaters generated by the petroleum refining industry are solid wastes under the Resource Conservation and...

Environmental Defense Fund v. EPA

The court denies a petition for review of a final determination by the U.S. Environmental Protection Agency (EPA) not to add 14 solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery...

Adding the RCRA Mixed Sewage Exclusion to Your Compliance Arsenal

Editors' Summary: Unlike other regulatory provisions of RCRA, the mixed sewage exclusion has been largely ignored by legal and technical scholars. Industry may be overlooking a potentially attractive opportunity, however, because the...

Using Generator Knowledge to Characterize Waste Under RCRA: Gambling on the Use of "Unacceptable" Knowledge

Editors' Summary: A generator may use its knowledge of processes and materials to determine whether a waste must be managed as hazardous waste. This is generally referred to as using "process" or "generator" knowledge to characterize...

HWIR: A New Era in Hazardous Waste Management?

The history of hazardous waste management divides into two eras: the cradle-to-grave era (beginning in 1980)1 and the land disposal restrictions (LDR) era (beginning in 1986).2 Since...