Jump to Navigation
Jump to Content

State programs, §3006

Waterkeeper Alliance v. Wheeler

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that...

A Look at EPA Overfiling: Can Harmon and Power Engineering Exist in Harmony?

Federal law divides the responsibility of enforcing federal environmental regulations between federal agencies, typically the U.S. Environmental Protection Agency (EPA), and state agencies.1 Generally, state...

United States v. Power Eng'g Co.

The court holds that the U.S. Environmental Protection Agency (EPA) may seek to enforce the Resource Conservation and Recovery Act's (RCRA's) financial assurances requirements against an engineering company even though the state of...

United States v. Elias

The court upholds the conviction of a fertilizer company owner who allowed hazardous waste to be disposed of without a permit while knowing that his actions placed others in imminent danger of death or serious bodily injury, but the...

United States v. Power Eng'g Co.

The court rejects the Eighth Circuit's holding in Harmon Industries, Inc. v. Browner, 191 F.3d 894, 29 ELR 21412 (8th Cir. 1999), and holds that the Resource Conservation...

Environmental Federalism Part II: The Impact of Harmon, Smithfield, and CLEAN on Overfiling Under RCRA, the CWA, and the CAA

In Environmental Federalism Part 1: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN, the history of judicial and administrative decisions relating to overfiling under...

Environmental Federalism Part I: The History of Overfiling Under RCRA, the CWA, and the CAA Prior to Harmon, Smithfield, and CLEAN

The Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA) represent federal regulatory regimes for protecting the environment. Although each statute initially places administrative...

United States v. Elias

The court reinstates two convictions against a Resource Conservation and Recovery Act (RCRA) defendant even though he should have been charged under Idaho's hazardous waste program, which was approved by the U.S. Environmental...

Harmon Limits RCRA Enforcers to One Bite

Editors' Summary: In Harmon Industries, Inc. v. Browner, the Eighth Circuit held that once a state with an authorized RCRA program has taken an enforcement action against a defendant, EPA may not maintain a separate...

Harmon Indus., Inc. v. Browner

The court holds that the U.S. Environmental Protection Agency's (EPA's) practice of overfiling in those states where it has authorized state enforcement of the Resource Conservation and Recovery Act (RCRA) oversteps the Agency's...