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Waste

California Communities Against Toxics v. Environmental Protection Agency

The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste. Environmental groups...

The D.C. Circuit Takes a Wrong Turn: Redefining Solid Waste Under RCRA

Under RCRA, EPA must impose rules for the control, management, and disposal of “hazardous waste.” The definition of solid waste (DSW) issue refers to a set of complex rules for determining whether recycled hazardous secondary materials...

Pollution Prevention and Rethinking "Waste"

“Reduce, Reuse, Recycle” is the call to arms of the mainstream environmental movement. While these actions may seem simple for households, decisions to reduce, reuse, and recycle in the commercial and industrial spheres require...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest. Environmental groups sought to require the U.S. Forest Service to address the use of lead ammunition by...

Evanston v. Northern Illinois Gas Co.

A district court denied a city's motion for a preliminary injunction in a RCRA lawsuit against two utility companies that owned a long-abandoned manufactured gas plant. The city alleged that the plant had contaminated soil in a nearby...

Residents of Gordon Plaza, Inc. v. Latoya Cantrell

A district court granted residents' motion for summary judgment in a RCRA lawsuit against the city of New Orleans for inhumane and dangerous living conditions at a residential development located on a former landfill site previously...

Gold King Mine Release in San Juan County, Colorado on August 5, 2015

A district court denied EPA's motions to dismiss a lawsuit brought by two states and a Native American tribe seeking to recover response costs from the 2015 Gold King mine spill that sent millions of gallons of acid mine drainage into...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company...

Utility Solid Waste Activities Group v. Environmental Protection Agency

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that...

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